Andy McKay

Solicitor

“I am a Community Care Law solicitor with a successful track record of challenging unlawful Local Authority funding decisions. This has resulted in increased funding and better outcomes for my clients. This includes 24hr care at home or remaining in the care home that meets their needs”

Intro

Based in our Brighton office, I specialise in advising clients in financial assessment disputes against local authorities, care home contracts disputes and NHS CHC assessments.

I have successfully challenged inadequate funding offers made by Local Authorities and Clinical Commissioning Groups to ensure that individuals’ care and support or health needs are properly funded. This has enabled clients to receive 24-hour care in their own home or in the care home that best meets their needs.

Expertise

I have particular expertise in:

Planning and Paying for Care, including Local Authority charging rules
Challenging Local Authority financial assessments to increase personal budgets
Challenging allegations of intentional deprivation of assets
Advising lay Attorneys in Office of the Public Guardian investigations
Advising on Care Home Contracts including unfair terms
Advising on eligibility for NHS CHC funding and representing clients in appeals
Advising on Mental Capacity and Best Interest decision making around care planning and provision
Advising Professional Deputies and carrying out audits

Clients

I work in the Community Care Law team representing family members, Attorneys and Deputies (professional and lay attorneys), carers, and service users who require help and advice in various issues concerning Community Care Law.

Recent highlights

Successfully challenged an Local Authority’s refusal to fund a person’s care fees after alleging that the individual had intentionally deprived themselves of capital.
Secured an increased personal budget from the Local Authority to allow the person in care to remain at her care home, removing the risk of having to move against her will and without the need for a 3rd-party top up payment.
Successfully won a backdated property disregard from the Local Authority, resulting in a savings of around £80,000 in reduced care charges.
Provided expert advice to a family member to guide them through an NHS CHC application This resulted in a decision by the NHS to fully fund a high cost package of 1-1 care.
Successfully secured fully funded 24hr care at home package after challenging a Local Authority’s inadequate and unlawful funding offer, allowing the person to remain living in her home and not move into care against her wishes. Also secured a back payment of care fees of over £17,000 and an ongoing increase in care funding worth a further £17,000 per annum.
Securing an additional £23,000 in backdated funding from a Local Authority after successfully challenging its decision not to contribute towards the resident’s cost of care until several months after the resident ceased to be a self-funder.
Providing expert advice and support to a client in preparation for a NHS Continuing Healthcare multi-disciplinary team assessment, resulting in a finding of eligibility at the first attempt and a fully funded specialist 24-hour care package to the value of £156,000 per annum.
Appealed against a negative retrospective NHS Continuing Healthcare decision at the Local Resolution stage, leading to the reimbursement of almost three years of care fees in excess of £140,000.
Challenged a Local Authority for refusing to fund care that had been privately arranged by family members in an emergency situation, leading to the Local Authority agreeing to meet the full cost of care of over £15,000 for the disputed period and a reimbursement to the resident of overpaid care fees.
Acted against a Local Authority which refused to award a property disregard for a disabled adult relative, resulting in the exclusion of the property valued at over £300,000 from the financial assessment and a halt to the eviction of the disabled adult from their home.

Qualifications

In 2007, I completed a law conversion course at the University of Brighton (UOB), graduating with a Commendation. In 2009, I completed my LPC at the University of West England (UWE) with Merit and qualified as a solicitor in 2012 after fulfilling a training contract with a regional firm.

Other experience

Prior to joining Martin Searle Solicitors, I worked as a nursing assistant in mental health clinics and hospitals. I also worked as a money adviser for a charity in Brighton. This involved supporting elderly and vulnerable clients and those with mental health issues. I gained expertise in local authority care funding rules and paying for care. I also made initial Deputy applications (property and affairs) to the Court of Protection and managed a number of cases for clients who had lost mental capacity to manage their own finances.

I have a life too

I have a partner and two children who keep me very busy when I am not at work and we have recently expanded our family with a new puppy. We try to get away when we can, and have spent many holidays in Cornwall exploring the coastal paths, beaches and rock-pools. I have lived in Brighton for over 20 years and love spending time with close friends. I also play tennis (badly) when I get the chance, and (when it reopens) cannot wait to catch a film at Brighton’s fabulous Duke of York’s cinema.

Get in touch with Andy

01273609911

andy@ms-solicitors.co.uk

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