News Archives - Welford Solicitors

Welford Solicitors and Legal Aid: Getting Court of Protection Help at No Cost

Posted on May 5, 2026May 5, 2026 by admin

When someone can’t make certain decisions for themselves about their care, treatment or finances the Court of Protection is there to ensure those decisions are made lawfully and fairly.

But for many families, the first concern isn’t the law itself — it’s the cost.

How can you get help if you can’t afford a solicitor?

That’s where legal aid comes in.

It’s a public funding system that makes legal representation accessible to everyone, not just those who can pay for it. In many Court of Protection cases, that means help is completely free.

What the Court of Protection Does

The Court of Protection was established under the Mental Capacity Act 2005 to protect individuals who lack capacity to make specific decisions.

It deals with three main types of cases:

Health and welfare – deciding where someone should live or what care they receive.
Medical treatment – authorising or refusing treatment when capacity or consent is unclear.
Property and finance – appointing deputies to manage money or assets.

Every decision the Court makes must be in the person’s best interests and in line with their legal rights.

These are sensitive, often emotional cases. Having a solicitor who understands the process and knowing that funding is available can make everything more manageable.

Why Legal Aid Exists

Legal aid is a cornerstone of the justice system.

It ensures that people who cannot afford legal help are still able to access it when their rights, liberty or welfare are at stake.

In the context of the Court of Protection, legal aid guarantees that the most vulnerable — those who can’t speak or act for themselves — still have representation.

It’s not a benefit or a favour; it’s a legal right.

If your case qualifies, the government pays your solicitor directly through the Legal Aid Agency.

When Legal Aid Covers Court of Protection Cases

Legal aid isn’t one-size-fits-all. Whether it’s automatic or means-tested depends on what the case involves.

1. Welfare and Liberty Cases — Non-Means-Tested

If the case concerns a person’s welfare or liberty, funding is almost always non-means-tested.

This means there’s no financial assessment — eligibility is automatic.

Examples include:

Deprivation of Liberty Safeguards (DoLS) cases,
Section 21A challenges under the Mental Capacity Act,
Serious medical treatment cases
Disputes about care or living arrangements that restrict freedom.

In these situations, the person at the centre of the case called “P” automatically qualifies for legal aid.

The court may appoint the Official Solicitor or another representative to act on P’s behalf, ensuring their views are presented clearly and independently.

2. Property or Financial Cases — Means-Tested

When the issue relates to managing money or property, legal aid can still apply but is means-tested.

The Legal Aid Agency reviews income, savings and assets to decide if the applicant qualifies.

If approved, it can cover all or part of the legal costs.

While financial cases are assessed differently, the aim remains the same making sure access to justice isn’t denied because of cost.

What Legal Aid Covers

Legal aid isn’t just about paying for a court hearing. It covers the entire legal process, including:

Early advice from your solicitor,
Preparing and filing the application,
Gathering medical or capacity evidence,
Communicating with professionals and relatives
Representation in court hearings.

If the matter is urgent for instance, where medical treatment can’t wait, emergency legal aid can be approved within hours.

Your solicitor handles the paperwork directly with the Legal Aid Agency, so you can focus on the case, not the forms.

Why It Matters

Without legal aid, many people would be left unrepresented in cases that directly affect their wellbeing and freedom.

It ensures that:

Everyone’s rights are respected, regardless of income.
Public authorities remain accountable for decisions affecting vulnerable people.
Families have support navigating the process.

Legal aid doesn’t just fund legal advice — it keeps the entire system fair.

What Happens When Legal Aid Is Granted

Once legal aid is approved, the solicitor represents you or your loved one throughout the process.

The funding covers the cost of legal advice, representation and any expert assessments needed to support the case.

If the person at the centre of the case lacks capacity, legal aid ensures their voice is still heard often through an independent advocate or the Official Solicitor.

It means the case is decided on evidence and law, not on who can afford to attend court.

How Welford Solicitors Help

At Welford Solicitors, we specialise in Court of Protection and mental capacity law.

Our solicitors work with families, professionals and advocates to ensure every case is handled lawfully, sensitively and with care.

Here’s how we help clients access legal aid:

Checking eligibility

We quickly assess whether your case is non-means-tested or means-tested and apply for funding on your behalf.

Applying for emergency funding

If a decision is urgent such as an emergency order for serious medical treatment we can secure funding immediately so the case can proceed without delay.

Representing you in court

We present the case clearly and ensure that all evidence, medical reports and legal arguments are properly prepared and understood.

Keeping it personal

We know these cases are about people, not paperwork. Every step is explained in plain English, so you understand what’s happening and why.

Access to Justice, Not Cost

When it comes to care, liberty or medical treatment, no one should hesitate to seek legal help because of money.

Legal aid makes sure that doesn’t happen.

If the case is about welfare or freedom, the funding is automatic.

If it’s about property or finances, the means test ensures support is still available where it’s genuinely needed.

The goal is simple: to make the justice system fair for everyone, not just the few.

What Is The Care Act 2014?

Posted on May 5, 2026May 5, 2026 by admin

The Care Act 2014 changed how adult social care works in England.

It brought together decades of confusing laws into one clear system designed to protect people who need care and support and the carers who look after them.

It’s a law built on three ideas: dignity, choice and fairness.

It defines how local authorities must assess, plan and fund care for adults and how they should work with the NHS, families and social workers to meet people’s needs.

Understanding it matters because the Care Act doesn’t just shape care services; it also affects legal decisions made in the Court of Protection, especially for those who lack mental capacity.

Why the Care Act Exists

Before 2014, adult social care law was messy and inconsistent.

Different councils followed different rules. People often didn’t know what support they were entitled to or how to challenge poor decisions.

The Care Act replaced that with one national framework. It made local authorities legally responsible for promoting wellbeing and protecting vulnerable adults not as an option but as a duty.

It also gave carers new rights and put prevention at the heart of social care. The idea was simple: help people stay independent for as long as possible and make sure care decisions are fair, lawful and transparent.

What the Law Covers

The Act applies to adults aged 18 or over who need care or support because of illness, disability or frailty.

It also protects carers who provide unpaid support to friends or relatives.

Under the Act, local authorities must:

Assess needs – regardless of finances or diagnosis.
Decide eligibility – using a national threshold so the system is consistent.
Plan and fund care – in partnership with the person and their family.
Review regularly – to ensure care remains suitable.

These duties are legally enforceable. If an assessment or decision is mishandled, it can be challenged sometimes through the Court of Protection or judicial review.

The Focus on Wellbeing

One of the most important parts of the Care Act is its definition of wellbeing.
It’s not just about safety or physical health. It includes:

Mental and emotional health,
Control over daily life,
Relationships and social connections,
Dignity, independence and choice.

This wellbeing principle must guide every care decision. It’s what local authorities, care providers and courts use to judge whether a plan is fair and proportionate.

How It Links to the Mental Capacity Act 2005

The Mental Capacity Act 2005 and the Care Act 2014 often work side by side.

The Mental Capacity Act sets the rules for making decisions when a person can’t do so themselves for example, because of dementia, brain injury or mental illness.

The Care Act then ensures those decisions turn into real-world support.

If professionals or family members disagree about what’s best for a person who lacks capacity, the case can be referred to the Court of Protection.

The court decides what’s lawful and in the person’s best interests guided by both Acts.

The Role of the Court of Protection

The Court of Protection oversees decisions for people who cannot make them independently.

In care cases, that often means deciding:

Where someone should live,
What care they should receive,
Who they have contact with
Whether restrictions on their liberty are justified.

The Care Act’s emphasis on wellbeing and fairness often shapes how these cases are judged.

The court ensures care decisions are not only medically sound but also lawful and respectful of personal rights.

When care arrangements limit someone’s freedom for example, constant supervision or being unable to leave a care home the court may review whether this amounts to a deprivation of liberty and if it needs authorisation.

Serious Medical Treatment and the Care Act

Some of the most complex cases arise when doctors and families disagree about serious medical treatment — surgery, life support or withdrawal of care.

If the person lacks capacity, these decisions go to the Court of Protection.

While the Mental Capacity Act governs decision-making, the Care Act ensures the person’s wider welfare is still considered including support for carers, advocacy and post-treatment care planning.

This joined-up approach means that social care and medical care are treated as part of the same legal framework, not separate systems.

The Responsibilities of Local Authorities

Under the Care Act, councils have specific, ongoing obligations. They must:

Provide clear information about services,
Offer assessments to anyone who may need care,
Involve people in decisions about their support and
Protect individuals from abuse or neglect.

They must also coordinate with NHS and mental health professionals, ensuring that no one falls through the gaps between social care and healthcare.

When councils fail to meet these duties, families can challenge decisions through formal complaints, the Local Government Ombudsman or, in serious cases, legal action.

The Role of Mental Health Solicitors

Mental health solicitors often become involved when care, treatment and liberty overlap.

They represent clients in cases involving:

Disputes over care plans or placements,
Applications to the Court of Protection and
Complex decisions about medical treatment or capacity.

They also support families through processes like a court application for serious medical treatment, ensuring that decisions respect the law and the person’s best interests.

In many cases, legal aid is available especially where a person’s liberty or capacity is in question.

Why the Care Act Still Matters

A decade after it came into force, the Care Act 2014 continues to define how England approaches adult care.

It’s not just about funding or assessments. It’s about rights — the right to dignity, safety and autonomy even when support is needed.

It ensures that local authorities remain accountable, that carers receive recognition and that the system treats people as individuals, not cases.

When combined with the Mental Capacity Act and the oversight of the Court of Protection, it forms a complete framework — one that protects some of the most vulnerable people in society.

When Legal Help Is Needed

Understanding the Care Act is one thing; applying it can be another.

Disputes over funding, assessments or capacity decisions can escalate quickly.

That’s where early advice helps.

Welford Solicitors specialises in Court of Protection, mental capacity and healthcare law, including cases that involve the Care Act 2014 and serious medical treatment applications.

Our solicitors guide families, professionals and advocates through the process with clarity — ensuring decisions are lawful, fair and focused on the person’s wellbeing.

And The Winner Is?

Posted on June 11, 2024March 3, 2026 by admin

We are very proud of being awarded the ‘Small Firm of the Year’ by the Leicestershire Law Society at the prestigious 2024 annual awards ceremony.

Small Firm of the Year 2024

Posted on April 26, 2024March 3, 2026 by admin

We are very proud to announce that we are up for small firm of the year in the Leicestershire Law Society Awards. The awards are due to be announced on the 17th May 2024.

Leicestershire Law Society Solicitor of the Year 2023

Posted on May 23, 2023March 3, 2026 by admin

The firm is delighted to announce that Rakesh Veja was the winner of the Leicestershire Law Society Solicitor of the year award. The announcement was made at the annual dinner on the 19th May 2023.

Leicestershire Law Society Awards Solicitor of the Year

Posted on May 2, 2023March 3, 2026 by admin

We are also delighted to announce that Rakesh Veja, one of our directors and an Accredited Legal Representative. Has been shortlisted in the category of Solicitor of the Year, at this years Leicestershire Law Society Awards. The awards will be held on the 19th May 2023.

Leicestershire Law Society Small Firm of the Year

Posted on May 2, 2023March 3, 2026 by admin

We are delighted to have been shortlisted in the Small Firm of the Year category at this years Leicestershire Law Society Awards. The awards will be held on the 19th May 2023

5 Legal Issues in Digital Health Solutions

Posted on May 25, 2022 by admin

Tags – Legal Issues in Digital Health Solutions

As technology advances and more people move to digital solutions, the health industry is quickly following suit.

In fact, a recent study by PwC found that 78% of healthcare providers plan to invest in or expand their digital health services in the next three years.

This is great news for patients and providers alike, as digital health solutions offer many benefits over traditional methods: patients are being treated remotely via mobile doctor apps, symptom-checking bots are triaging patients and providing tailored advice, and new remote consultation and tracking solutions are entering the market at a rapid pace.

However, with this progress comes new legal challenges. In this blog post, we will discuss 5 of the most pressing legal issues in digital health solutions.

1. Data Protection

Organisations that use patient data will have to identify whether they are a processor or controller, and adhere to any relevant GDPR regulations.

There may be tough GDPR problems to tackle, such as consents, security measures, and data transfer limitations.

During the pandemic, the UK’s Information Commissioner’s Office released advice stressing that data protection does not prevent organisations from sharing information or changing their operations – data protection is about being proportionate.

However, the GDPR is only one piece of the puzzle when it comes to using patient data.In the UK, the common law duty of confidentiality between doctors and patients may need to be considered; this limits healthcare professionals’ ability to exchange information.

There are also the National Data Guardian’s Data Security Standards and the UK’s National Health Service’s (NHS) detailed information governance standards to consider.

2. Registration Requirements for Regulated Activities

There is no telemedicine-specific legislation in the UK, resulting in a more digital health-friendly environment than some other countries.

However, your business may still be required to register particular regulated procedures with the UK’s Care Quality Commission (CQC), such as triage and remote medical consultation.

The registration procedure is lengthy and includes a thorough application process, an evaluation by the CQC, and a CQC inspection.

Providers of licensed services must also adhere to ‘fundamental standards’ and guidance on topics such as patient mental capacity and assurance of patient identification.

3. Liability

It’s wise that digital health providers consider and mitigate several potential avenues for liability claims. This includes:

Strict liability under the Consumer Protection Act 1987, which implements the EU Product Liability Directive
Fault-based liability for negligence, such as medical negligence claims
Contractual liability (depending on the contracts entered into)
Exposure to liability under the MDD and MDR

There is quite a high, and ever increasing, appetite for medical negligence actions in the UK.

4. Market Access and Reimbursement

In the UK, the NHS is by far the largest customer of healthcare products and services.

The NHS, however, may be a difficult customer to deal with – processes are decentralised and complex, and they differ from one NHS trust to the next.

As such, defining the ways that governments might use electronic health technologies in a post-implementation context will help us better understand how they affect public money and procurement rules.

The complexities of contracting with NHS bodies, including the monetary thresholds for contracts which may necessitate public tenders by hospitals, potential commercial models of supply, and reimbursement.

5. Medical Device Regulation

There’s a chance your digital health solution will be regulated as a medical device in the EU if it has a medical function.

There are some exceptions, but in most cases, a company should conduct an evaluation to see whether this is the case and to determine the classification of any potential medical device.

The UK’s Medicines and Healthcare Products Regulatory Agency (MHRA) is laser-focused on prioritising any technologies that can assist in the fight against COVID-19, so any digital health tool that may aid in this will almost certainly be given high priority in reviews and approval processes.

In certain situations, the MHRA may allow manufacturers to market non-CE labelled goods in the interest of public health protection.

Final Remarks

There’s a new direction to make it simpler for commissioning bodies to embrace digital healthcare technologies, and for inventors to facilitate this.

The National Institute for Health and Care Excellence (NICE) has created an evidence standards framework for digital health technologies that addresses efficacy and economic impact criteria.

The UK has also established a ‘Code of conduct for data-driven health and care technology’ to outline the government’s standards for those developing, deploying, and utilising data-driven technologies in the NHS.

As with the MHRA, NICE is placing a high value on COVID-19, therefore any digital health solutions in this area are likely to be given special attention by NICE during evaluation and approval procedures.

For more information, please get in touch today.

In the meantime, take a look at our Court of Protection solicitors here.

South Leicestershire Food Bank

Posted on March 28, 2022 by admin

We are pleased to support this event in remembrance of Mandeep Singh. Our commitment to South Leicestershire Food Bank remains ongoing. We will be continuing our support with the great work being done by the team at South Leicestershire Food Bank.

5 Questions You Must Ask Your Therapist

Posted on November 22, 2021 by admin

Tags – Questions to ask your therapist

So you’ve decided: it’s time for therapy, but finding the right therapist for you can be quite the challenge.

After all, you want a place where you can sit with a trained professional and talk about whatever is on your mind and receive the right help and advice.

At the end of the day, therapy is a collaborative process, and the more you feel invested into it, the better opportunity you have to grow.

But, to make the most out of your therapy sessions, there are a few questions you should ask before choosing a therapist.

And, you shouldn’t feel uncomfortable asking questions or expressing your needs either, as therapy is about what you want to do as much as it is about your therapist’s treatment plan.

With that in mind, here are 5 questions you must ask your therapist before starting your treatment.

1. What Training Did You Do?

Therapists and psychologists across the UK will have spent a minimum of three years in training, but usually many will have trained for longer.

A reputable therapist will be registered with a professional membership body, which indicates they practice ethical and professional standards.

In the UK, a counselor does not have to be registered with a professional body, however it does act as a layer of protection for you both. For instance, if you needed to raise a complaint about your therapist, you would contact the regulatory board.

2. Have You Ever Been in Therapy?

It’s important for a therapist to spend some time in their own therapy, even if it’s not required, as this enables them to know what it feels like to be on the other chair.

Generally speaking, this is seen as good practice in therapy and helps them to understand clients’ experiences without projecting their own life experiences.

However, even though asking your therapist whether they’ve had therapy is a valid question, don’t expect to find out any personal or specific information about their experience; a good therapist will set firm boundaries and will not overshare.

3. What is Your Approach?

Before you dive into your sessions, you’ll want to know how your therapist can help you and what their general approach is.

By asking this, you will learn more about their area of expertise, what specific treatment plans they use, as well as what their therapy style and background is like. And, this will help you gauge who they are and decide whether their methods will be a good fit for you.

For example, cognitive behavioural therapy is more focused on immediate issues and looks at relearning behaviours and thought patterns. Treatment for this usually involves learning tools and being given “homework” to practice out in the real world.

On the other hand, psychodynamic therapy looks at the root causes of the issue you’re faced with and focuses on creating a change by looking deeply inwards.

All in all, you will only benefit from therapy if you feel comfortable with the therapist’s style, don’t be scared to ask this question.

4. How Many Sessions Will I Need?

Depending on the style of therapy you choose, the answer will not always be straightforward.

However, your therapist should be able to provide you with a rough idea of how many sessions you may need and suggest a good starting point.

For instance, your therapist may say, “We’ll look at starting with 12 sessions to begin with, and then check-in to see how you’re doing”.

Despite their best intentions, not every therapist will be right for you, and a good therapist should speak if they believe you’re in a place where you’re no longer making progress or if you would be better seeking alternative treatment.

Simply put, a good and reputable therapist will be just as set on getting you better as you are, so be wary of anyone who is hesitant about giving you a rough idea of what kind of timeframe you’ll be looking at.

5. How Should I Prepare For Sessions?

Therapy requires you to put in work both during the session and once you leave.

For example, in cognitive behavioural therapy, you may be tasked to complete worksheets outside of the session.

Similarly, in an insight-oriented approach, your therapist may ask you to simply bring awareness to your emotions and recognise stressful situations, as well as note down any relevant thoughts that crop up in that time.

As such, asking how you should prepare for sessions will give you a better idea of what your therapist expects from you when you walk away.

And, if you feel like these expectations are unreasonable, or will cause you more stress, you can voice this to your therapist as they may be able to suggest alternative methods.

Furthermore, asking this question will also help you understand how to make the most of your therapy and therefore make it more likely to be successful.

Closing Thoughts

Being prepared with the right questions allows you to learn more about your therapist and what they can offer you.

But whilst finding out about their training and expertise helps you make a decision, it’s important you focus on how they make you feel too.

Overall, a good therapist will feel like a partnership, so you need to feel understood, comfortable and have your best interests at heart.

Want to know more? Get in touch today.

In the meantime, check our Court of Protection Solicitors services.