by woolwich819 on Thu 1 Dec 2011 - 11:11
For what it's worth, when I issued a claim at the County Court following some, somewhat ill-informed advice, the response of the solicitors appointed by the relevent PCT was "not public law"; then, I was informed by 'my' solicitor that they were wrong. The 'long and the short of it' is, as mentioned before, the prospect of paying over 15k for the other sides fees/costs were I to lose, was a significant reason why I discontinued the proposed action. I think that the arena that the PCT and Social Services now threaten people is the Court of Protection. Following VM's post a few days ago, this appears to give them 'carte blanche' to overide Coughlan, and determine their own version of 'best interests'. The judge of the day appeared to side with the Official Solicitor - no surprise there, in accepting that arguements over the 'legality' of any PCT/social services decisions, was for 'another court'.
My best guess, as said before, is that if a 'patient' is in 'care' and are receiving just that paltry £20 per week as the rest of their income is used to pay 'fees', then it should be the case that they are entitled to legal aid to fight the PCT's decision. Hope this helps ! 819.