Paula Jones

Associate Solicitor and Services for Professional Deputies Lead

“I have unique insight into Local Authority decision making as I spent many years working as a Community Care Solicitor at a Local Authority. I appreciate the challenges my clients face and I am well placed to achieve the best results on their behalf.”

Intro

Ì work from our Brighton Office with our Community Care Law team, providing advice and representation to vulnerable adults, their families and carers. As an experienced Community Care Law solicitor, I cover the full range of Community Care Law areas. I have particular expertise in Mental Capacity Law, including Best Interest Decision making and Safeguarding Adults at Risk. I also supervise our Community Care Law team.

I am an experienced advocate in the Court of Protection and the lead advisor on Mental Capacity Law, Best Interest Decision-making and Safeguarding. I am the point of contact for our Professional Deputies and Attorneys Services in which we advise and represent Professional Deputies and Attorneys who act for vulnerable individuals; and Private Client solicitors.

I run lectures and training courses across England for other legal professionals.

Expertise

I have expertise in:

Court of Protection and Mental Capacity Law, including
- Advice and representation at Best Interest meetings
- Deprivation of Liberty Safeguards / Liberty Protection Safeguards
- Safeguarding Vulnerable Adults including Court of Protection Applications
- Litigation and advocacy in Court of Protection contested proceedings
Services for Professional Deputies
Social Services disputes over care plans and care provision under the Care Act 2014
Planning and Paying for Care, including Social Services Charging Rules under the Care Act 2014
Safe discharge from hospital
Section 117 MHA 1983 after-care disputes
NHS Continuing Healthcare – assessment of eligibility, representation at all stages of assessments and appeals
Personal Health Budgets and Direct Payments

Clients

I act for the legal profession, specifically Professional Deputies and Attorneys and private client teams. I represent lay Deputies and Attorneys who require help and advice on various issues in Health and Social Care Law.

I work with a wide range of clients, including carers, family members and service users. I have extensive experience in representing clients involved in complex disputes between families and Local Authorities, where decisions have to be made on behalf of a family member that lacks capacity. I am a Dementia Friend and assist adults with learning disabilities.

Recent highlights

Successfully challenging a failure by a Clinical Commissioning Group and Local Authority to fund Section 117 aftercare for a period of over 5 years and recovering around £195,000 for the client
Securing a substantial NHS Continuing Healthcare back payment of £220,000, and ongoing payments of £2,700 per month
Successfully challenging a refusal of NHS Continuing Healthcare Direct payments and securing on-going Direct Payments valued at around £98,000 per annum
Overturning a decision by an Local Authority to prevent contact between a learning disabled man and his sister
Successfully challenging a Local Authority’s decision to move an elderly client to a cheaper care home, purely on financial grounds.
Overturning a best interest decision to transfer an elderly client from his home to a care home against his family’s wishes.
Over-turning a decision by a Clinical Commissioning Group (CCG) on eligibility for CHC funding and securing the client’s care home of choice.
Successfully challenging a flawed Care Act Assessment for a client and securing discharge from hospital to the placement of her choice.
Representing a family member in a complex dispute with the Local Authority over safeguarding concerns and successfully challenging the suitability of her relative’s care and support plan.
Advising and representing a daughter in a family dispute resulting in her elderly father being discharged from a nursing home back into his home with a suitable package of care.
Successfully advising and representing numerous clients in challenges to Local Authority Financial Assessments, including overturning decisions that clients have deprived themselves of assets and ensuring that property disregards are applied correctly.
Securing interim funding for psychological support for clients with complex needs where the Local Authority intended to reduce the care package.
Advising and supporting numerous clients and their families through the best interest decision making process.

Qualifications

I have a BSc in Combined Science from Brighton University. I completed my law conversion course at the College of Law in Guildford with a Commendation in 2000 and completed the Legal Practice Course (LPC) in 2002 with a Distinction.

Other experience

Prior to joining Martin Searle Solicitors, I worked as an in-house Solicitor for a Local Authority advising and representing the Local Authority on all aspects of Community Care, Mental Capacity and Mental Health law. I was the Local Authority’s lead for the implementation of the Care Act 2014 and provided regular training for their professionals.

I was an Associate Lecturer at the Open University in the fields of public law, criminal law and employment law for over 8 years.

I have a life too

I enjoy hiking across the South Downs with my 2 dogs and riding my horse.

I am a regular fundraiser for Macmillan Cancer Support and have undertaken a number of challenges, including hiking 100km along the South Downs Way in 26 hours and climbing the two 2 highest peaks in the Atlas mountains.

To unwind, I enjoy good food and wine with friends and family, and I teach and practice yoga.

Get in touch with Paula

01273 609911

paula@ms-solicitors.co.uk