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Robin Donaldson

Health, Social Care and Deputyship - Solicitor

Robin is a solicitor in the Health and Social Care Team. He advises on all areas relating to adult social care including the Care Act 2014, safeguarding, the Mental Capacity Act 2005, Deprivation of Liberty Safeguards, integration between NHS bodies and local authorities, the Mental Health Act 1983, forced marriage, Ordinary Residency disputes between local authorities, Local Government Ombudsman complaints and judicial reviews.

                                                                 

Robin regularly conducts advocacy in the Court of Protection and is a member of the Court of Protection Practitioner’s Association.  He also delivers training.

Relevant Experience

  • Advice regarding the boundary between the Mental Capacity Act 2005 and the Mental Health Act 1983 and responsibility of various NHS and local authority bodies
  • Provision of training to an NHS Foundation Trust
  • Recent cases include questions around provision of care and support under the Care Act 2014 with linked hospital discharge and safeguarding issues. This requires a careful balance between the desire to assist a quick discharge from hospital, identifying the appropriate provision in the community and respecting the adult’s right to refuse that offer of care if they choose to
  • Advice to frontline practitioners on serious safeguarding matters including multi agency issues
  • Regular advice on all aspects of the Mental Capacity Act 2015 and Deprivation of Liberty Safeguards
  • Advice regarding implementation of the Care Act 2014 and resulting high level strategic high level decisions about provision of services
  • Work regarding the market for care and support and the emergent duties under the Care Act 2014
  • Successful submissions in an Ordinary Residence matter concerning responsibility for care and support for a released prisoner and resulting in a favourable Secretary of State decision
  • Advice regarding Local Government Ombudsman complaint regarding assessment of needs and other issues under the Care Act 2014 resulting in a favourable decision
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