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Lunny & Co- Solicitors with experience in Incapacity Law, Guardianship and Self Directed Support across Scotland. - See our COVID-19 page for information
Latest News
10/10/2016 - We have been facing further challanges to clients ability to act in both Self Directed Support and at the same time not getting the necessary report in the statutory time. We are again challanging the Local authority in this matter.
29/09/2016 - Lunny & Co case quoted at seminars. Our case challanging the provision of reports is now being used as a teaching aid in a number of seminars. Hopefully other solicitors will now start to follow our lead.
01/02/2016 - Following our sucess in challanging the Local Authority in its failure to provide the necessary report in a Guardianship the case was appealed to the Sheriff Principal. However, that appeal has now been abandoned and the decision ordering the report now stands as the relivant law. We will keep you updated on any further developments.
01/10/2015- STOP PRESS - We have successfully challenged a Local Authority in their delays to providing necessary reports in Guardianship applications. The law states that the report should be available in 21 days but after 4 months we still did not have the report. We applied to the court and were successful in arguing that the court should make an order for the report to be made available in the next 14 days. We believe that this is the first such order made in Hamilton Sheriff Court and we have a number of other cases with delayed reports where we will now be approaching clients to get their instructions on going to court for similar orders.
17/09/2015 - We have recieved a warning from the Law Society of Scotland of a scam whereby clients have been contacted by e-mails purporting to be from their solicitor telling them that the solicitors bank details have changed and to make payments to a new bank account. We are not aware of anyone targeting our clients. We have not changed our bank details and have no intention of doing so in the forseeable future. If anyone recieves such an e-mail please contact our office.
15/09/2015 - Mr Lunny has attended a course on Criminal Appeals through the Law Society of Scotland. This is in advance of the changes to criminal procedures later this month. Unfortunately due to the funding structure and obligations on a solicitor it is unlikely that we will continue to offer to undertake appeal work once these changes are in place. Should you wish to discuss this further please contact our office. We remain happy to undertake local summary criminal work.
08/09/2015 - We have again attended the Law Society of Scotland's Mental Health and Incapacity Law conference. Again there was much information on depravation of liberty cases. This is something we have been experiencing here in Lanarkshire so it was good to update our knowledge on recient developments in the law.
01/09/2015 - We continue to receive a number of referrals from local solicitors passing clients to this office. We are grateful to those solicitors who recognise that with our special interest in the area of incapacity law we can offer assistance, guidance or advice on how to assist clients and move matters forward in their cases.
21/08/2015 - There appear to be long delays in the appointment of Mental Health Officers in some of the local social work offices. We are considering making a challenge to this delay at court. Reports are supposed to be completed in 21 days but after two and a half months we are still awaiting the appointment of a MHO. This is delaying the provision of Guardianships and as such it is important that you start the process as soon as possible BEFORE a guardianship is urgent. Contact our office for advice.
08/08/2015 - We are continuing to challenge the local authority assessments for SELF DIRECTED SUPPORT. We are finding that once matters are explained to clients and after an appropriately worded initial letter to the Local Authority issues appear to be resolving themselves. If you think you may need help with this are of law please contact our office.
15/06/2015 - Mark has been approved as a member of the panel to be appointed as Safeguarder in Adult with Incapacity cases at both Hamilton and Airdrie Sheriff Court. Mark has also recently been appointed to act as curator in a Glasgow case and continues to act for clients who have issues with capacity in both civil and criminal cases.
31/05/08/2015 - Mark has now been appointed Chair of the Board of Directors of PHEW a local respite care charity.
25/04/2015 - We have been attending a Law Society of Scotland conference on GUARDIANSHIPS. Information from the Mental Welfare Commission for Scotland and Public Guardians Office was available along with Sessions on Long Term Care planning and taking instructions from clients with limited capacity.
15/04/2015 - A number of clients are experiencing difficulties with SELF DIRECTED SUPPORT and Community Care Assessments. We have begun to make enquiry with the Local Authorities on behalf of our clients. Advice and Assistance Legal Aid can be available for these enquiries and challenges. Contact our office for more details.
We have launched our Facebook page and will be keeping it up to date with legal and local information, office developments and important information on Guardianships and incapacity law - Why not like our page for updates?
25/11/2016 - Lunny & Co have again successfully obtained an order against a Local Authority for failing to provide the necessary MHO report in a Guardianship application.
The law states that the report should be provided within 21 days but this is not followed by many Local Authorities and we have had cases where we required to wait almost a year for the report. Last year we obtained an order for the Report to be provided and this was appealed by the Local Authority but they subsequently abandoned the appeal.
Again we had an urgent need for a guardianship so when our requests were unsucessful we went to court for the report. The Authority sought to justify the delay on the basis of a lack of resources. The Sheriff gave the Local Authority 4 weeks to get the report but when no report was produce he made the order. The Authority argue that by granting these orders Lunny & Co clients are getting preferential treatment. However, the Sheriff ruled that the client was entitled to have the case progressed regardless of any "skipping" of the queue. Of course there is the possibility that the Local Authority will again seek to appeal the order.
It was also reported to the court yesterday that the Local Authority have now taken steps to employ more MHO's to deal with the backlog and delays. One of our arguments for the report was that only by the making of the order will changes need to be made to the system and the delay addressed. We don't know if we can take the credit for the decision by the Authority to employ more MHOs but it shows that one person taking a court case can in fact make a difference.