Factsheets & Template Letters

Our Factsheets provide easy to follow explanations of the law and how you make can make sure that your rights are respected across a variety of situations.

You can use our Template Letters free of charge to make requests, complaints, challenges and appeals to public bodies yourself. Each letter is professionally drafted by our lawyers to the same high standards that we maintain for all of our clients.

The information provided, in no way constitutes legal advice and if you do require further information on any of the below, or you can’t find a document to help with your specific situation, please call our team on 0800 028 1943 for a free, confidential consultation to see how we could help.

Education

Factsheets

• Special Educational Needs and Disability Code of Practice: 0 to 25 years - A Department of Education document, not written by Irwin Mitchell (opens in a new window as a PDF)

Part 3 of the Children and Families Act 2014

Factsheets

The following factsheets have been prepared to provide additional information to parents and young people:

• Introduction (opens as a PDF)
• Definitions (opens as a PDF)
• Duties on Schools (opens as a PDF)
• EHC needs assessments (opens as a PDF)
• The EHC plan (opens as a PDF)
• Health duties (opens as a PDF)
• Social care assessments and duties for children (opens as a PDF)
• Social care assessments and duties over 18 (opens as a PDF)
• Duties to carers and carers assessments (opens as a PDF)
• The Local Offer (opens as a Word document)
• Advocacy (opens as a Word document)
• Consultation (opens as a PDF)
• Information, advice and support (opens as a PDF)
• Support for pupils with medical conditions (opens as a PDF)
• SEN support – early years (opens as a PDF)
• SEN support – schools (opens as a PDF)
• SEN support – further education (opens as a PDF)
• Personal Budgets (opens as a PDF)
• Direct Payments (opens as a PDF)
• Annual Reviews and Re-assessments (opens as a PDF)
• Preparing for adulthood (opens as a PDF)
• Implementation and transitional agreements (opens as a PDF)
• Mediation (opens as a PDF)
• Tribunal appeals (opens as a PDF)
• Complaints (opens as a PDF)
• Judicial Review (opens as a PDF)
• Legal Aid (opens as a PDF)
• Organisations that can provide specialist support and advice (opens as a PDF)

Template Letters

The following template letters have been prepared to support parents and young people in writing to local authorities. All templates open as a Word document:

• Requesting an EHC needs assessment
• Chasing up on the outcome of an assessment request
• Requesting amendments to a draft plan (including requesting a school or placement)
• Chasing up on the outcome of a final plan
• Requesting a personal budget
• Requesting a direct payment
• Appealing a decision to refuse direct payments
• Requesting a social care assessment for a child or young person under 18
• Requesting a social care assessment for a young person over 18
• Requesting a carers assessment
• Requesting information regarding the Local Offer
• Requesting further information, advice and support
• Requesting support from an advocate
• Making a complaint in relation to failure to work together
• Making a complaint in relation to failure to arrange provision in the EHC plan
• Chasing up on the outcome of an annual review
• Chasing up on the progress of issuing an amended statement
• Template letters have not been prepared for circumstances where parents or young people wish to challenge a decision or exercise their rights of appeal, as they should seek specialist advice instead.

Health & Social Care

Factsheets

• Mental Capacity Act 2005 & Court of Protection (opens as a PDF)
• NHS Direct Payments (redirects to a new page in this window)
• Meeting The Challenge: FAQs about the law for people with learning difficulties and their families (redirects to a new page in this window)
• Legal Aid (opens as a PDF)
• Making Complaints (opens as a PDF)

Template Letters

All letters open as Word documents:

• Continuing Healthcare Appeal
• Formal Complaint – Unlawful Cut to Services
• Formal Complaint Under Council’s Complaints Procedure
• Formal Complaint Under ICB's Complaint's Procedure
• Request To Consider Eligibility For Community Care Support
• Request For NHS Direct Payments
• Appeal Against Refusal To Award NHS Direct Payments
• Challenging A Refusal To Assess Your Disabled Child For Specialist Services

The Care Act

Factsheets

The following factsheets have been prepared to provide additional information relating to the Care Act for adults and their carers. All factsheets open in PDF format:

• An Introduction to the Care Act
• Key Principles of the Care Act
• Care Plans
• Carers' Rights
• Advocacy under the Care Act 2014
• Needs Assessments under the Care Act
• Financial Assessments
• Transition from Childrens to Adult Care Services
• Safeguarding
• Eligibility Criteria
• Legal Aid

Also see our Care Act infographic for more information.

Template Letters

The following template letters have been prepared to support adults and their carers in writing to local authorities. All template letters open as Word documents:

• Requesting a needs assessment
• Requesting a needs assessment for an individual lacking capacity
• Requesting a carer's assessment
• Requesting a child's needs assessment
• Formal Complaint Under Council’s Complaints Procedure

Human Rights

• Legal Aid (opens as a PDF)

Mental Capacity

Factsheets

• Mental Capacity Act 2005 and the Court of Protection
• Acquired Brain Injury and the Court of Protection
• Delay in Court of Protection Proceedings
• Legal Aid (opens as a PDF)

Deprivation of Liberty Safeguards

Factsheets

• Legal Aid (opens as a PDF)

Template Letters

We have prepared template letters to be used by people who are concerned that a friend or family member is being deprived of their liberty in a hospital or care home without authorisation. All letters open as a Word document.

• The first letter is to be sent to the manager of the hospital or care home requesting that a DoLS authorisation be put in place.
• The second letter is to be sent to the local authority in the event that no satisfactory response is received to the above letter.
• The third letter is to be sent to the relevant social worker where an individual is deprived of his or her liberty in a placement that is not a registered care home or hospital (for example a 'supported living' placement).

Serious Medical Treatment

Template Letters

The below template letters have been prepared should you object to Do-Not Resucitate (DNR) decision or the withdrawal of treatment for an adult or a child.

• Objection to DNR - If there is a dispute over applying a “Do Not Attempt Cardiopulmonary Resuscitation” (DNACPR) then consider sending a letter following this format the treating team.
• Withdrawal of treatment (Adult) - If an adult is unconscious/partially conscious then withdrawal of treatment can be objected under the provisions of the Mental Capacity Act 2005.
• Withdrawal of treatment (Child) - If there is a plan to withhold or withdrawal life sustaining treatment from a child where there is no capacity for the child to consent.