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 Court of Protection and Community Care Law team, providing advice and representation to Professional Deputies, 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 and I am the firm’s lead in Court of Protection, 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 award winning 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 have a particular interest and expertise in advising and representing families of young adults with highly complex needs when they transition from SEN to Adult Services, to ensure that they receive the placements and care packages that they need to maximise their on-going development under adult provision.

Having now advised and represented on a number of cases involving Foetal Alcohol Spectrum Disorder (FASD) in the Court of Protection and under the Inherent Jurisdiction of the High Court, I have specific expertise on the impact of this disorder, and the often complex circumstances surrounding it

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

Expertise

I have expertise in:

Services for Professional Deputies
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
FASD
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

Advising and representing a Professional Deputy in the recovery of £1.6 million of backdated care costs from NHS CHC on behalf of a young adult with extensive physical and learning disabilities, and securing funding for her ongoing care package.
Advising and representing a number of Professional Deputies in respect of claims in restitution against NHS CHC and social services for care fees that the statutory bodies failed to fund
Representing the family of a young adult with Foetal Alcohol Syndrome Disorder (FASD) with significant care and support needs in protracted Court of Protection High Court proceedings to ensure that the necessary decisions were made so that the adult received the care and support that he required and that he was safeguarded
Representing the family of a young adult with highly complex needs under the Inherent Jurisdiction of the High Court to ensure that decisions were made to safeguard him
Representing the family of a young adult moving from a residential educational college to adult services care in Court of Protection proceedings to secure the placement and care package of the family’s and young adult’s choice
Successfully challenging Health and Social Services on behalf of a clients’ mother, who was stuck in hospital for over 12 months after being fit for discharge, due to a dispute over which statutory body was responsible for meeting her complex care needs, and ensuring her right to be discharged to live in her own home with a suitable package of care.
Challenging Social Services on behalf of a learning-disabled young adult with significant care and support needs, ensuring that he was able to remain living at home with his mother, in accordance with his wishes.
Successfully challenging Social Services on behalf of a young adult with learning disabilities and significant care and support needs, ensuring her right to live with a degree of independence in the community, rather than in a formal care setting or care home
Overturning a decision by a Local Authority to prevent contact between a learning disabled man and his sister
Complex challenge to the Deprivation of Liberty Safeguards in respect of an adult with dementia who wished to return to live at home, when the risks of doing so were too high to make this safe for her
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.
Advising and supporting Professional Deputies in relation to health and welfare matters and the limitations under Re: ACC
Advising and supporting numerous Professional Deputies in commissioning dispute to secure maximum care packages from NHS CHC and social services
Advising and supporting numerous professional 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