Giving a Voice to the Vulnerable

Posted: 2nd August 2024

People who are in the nursing or residential care system have a new advocate to represent their wishes and ensure their needs are met.

Sarah-Lyn Strong is a specialist lawyer with expertise in health and welfare aspects of the Court of Protection and community care at EMG Solicitors, in Penrith. She takes instructions to advocate for vulnerable people who have lost mental capacity and cannot speak up for themselves.

Her work at the Duke Street practice typically involves representing individuals who are placed in a care home where they are unhappy or feel their needs are not met.

Sarah-Lyn explained: “It’s not very well understood by the public but the Court of Protection ensures people are safeguarded under legislation. A person who has been deprived of their liberty may have lost capacity to make decisions, but they still have rights.”

In recent months, EMG Solicitors has seen an increase in enquiries from people who do not want to live at the care home in which they have been placed.

“People may be placed in care by a local authority, by the NHS or by other professionals who I am sure believe they are doing the right thing at the time, but then the person gets there and is miserable or they try to get out. It doesn’t mean there is anything wrong with the care home; its staff may do a really good job for people, but it might be better for that person to be in supported living or somewhere else where they are happier,” explained Sarah-Lyn.

“The bulk of our work relates to the Court of Protection because there is a disagreement over what is best for someone or if there is argument as to whether they can make decisions for themselves.

“There is a statutory, safeguarding process care homes have to go through. If there is a disagreement, the Court of Protection decides whether someone has the mental capacity to make decisions for themselves and can make decisions on their behalf if they are unable to do this themselves.

“We can apply for changes to be made to their care package to move them somewhere else or alter arrangements to allow them to get out into the community for a walk or to the shop if that is what they want. No two cases are the same.”

Sarah-Lyn, who is from Dalston, has a background as a community care lawyer. She studied law at Northumbria University, in Newcastle, and trained then worked for six years in the adult social care legal department at Cumbria County Council before moving into private legal practice.

Having joined EMG Solicitors, she said: “EMG is a firm that really understands Court of Protection. It was the specialism of our founders, Emma Gaudern and Jemma Morland, and now with a team of 157 colleagues based across our five offices, it is a central and fully integrated service.

“I think it’s great that the people of Cumbria have such a specialist service close to them. I am the kind of lawyer everybody hopes they don’t need, but I am really glad people like me exist for the people who do.”

Sarah-Lyn is supported by paralegal Kelly Maxwell, specialist costs lawyer Michelle Wright and administrator Natasha Todd.

She added: “We want people to know we are here because the people who most need our help are those who are least likely to realise that specialist lawyers for these kinds of issues exist. We are able to assist people when they aren’t happy with the support they are getting in terms of NHS continuing healthcare, social care assessments, care plans and direct payments for themselves or their loved ones.

“I sometimes think the system is made deliberately complicated for individuals and families to understand and makes it hard for people to know that there is help and where they can get it. In August, EMG Solicitors will receive a new Legal Aid contract which provides free legal support to those who meet its criteria meaning we’ll be able to help more vulnerable people.”

EMG Solicitors, which celebrated its tenth anniversary in February, was recently awarded private client firm of the year at The Legal 500 Northern Powerhouse Awards and achieved B Corp status.

With offices in Penrith, Durham, Newcastle, Darlington and Manchester, the firm offers legal services in Court of Protection, wills, trusts and probate, family and mediation, dispute resolution, residential conveyancing, commercial property and employment law.