Clarity in Adult
Social Care law.
Guiding professionals and local authorities toward better, more defensible outcomes.
DAY40 WIRE
What Sets Us Apart
- Court Of Protection
- Care Act 2014
- Section 117
- Local Authorities
Latest Legal Updates
Sharp commentary on the law as it moves.
Analysis and updates on Adult Social Care law - the Mental Capacity Act, Care Act, Court of Protection and the cases shaping practice.
A young man is challenging the High Court's "lawful" nod to his Care Act assessment.
Capacity is decision-specific and time-specific - yet it's still routinely assessed as if it were a permanent setting on a person.
Section 117 aftercare is a free-standing duty owed jointly by the local authority and the ICB.
Our Services
Specialist Support, Built Around You
Focused legal and advisory expertise across the issues that define Adult Social Care practice - applied to the decision in front of you.
- Case strategy & legal opinion
- Care Act & Mental Capacity Act
- Defensible decision-making
- s.21A & DoLS challenges
- Capacity & best-interests evidence
- Court-ready documentation
- Ordinary residence disputes
- s.117 aftercare duties
- Cross-authority resolution
- Practice & policy review
- Risk & decision frameworks
- Leadership & service advisory
DAY40 ACADEMY
Training that turns complex law into confident practice.
Masterclasses, workshops and CPD for social care professionals and legal practitioners - current, practical and grounded in live casework.
Why Day40
Specialist by design, not by accident.
For local authorities across England
Specialist legal and advisory support built for the realities local authorities face.
Practical Court of Protection experience
Hands-on across s.21A, best interests and deprivation of liberty – prepared to court standard.
A specialist, not a generalist
Day40 works exclusively in Adult Social Care law. Depth where it matters, no divided attention.
When capacity is in question,
every decision has to hold.
When capacity is in question, every decision has to hold.
In 2024–25
21%
of DoLS applications were completed within the 21-day legal limit.
Our Approach
Frontline practice. Legal rigour. One standard.
We work exclusively in Adult Social Care law - combining real casework experience with legal precision, so the advice holds up to challenge, audit and the court.
Why Day40
- Specialist focus, ASC law only
- Court of Protection experienced
- Evidence-led and defensible
Specialist, not general
Day40 works only in Adult Social Care law – the Mental Capacity Act, the Care Act, Court of Protection and the duties around them. That focus means the depth is real, not borrowed from a broader practice.
- Mental Capacity Act & Care Act expertise
- Court of Protection and s.21A experience
- Ordinary residence & s.117 disputes
Practical, not theoretical
Advice you can act on the same day – framed for the actual decision in front of you, not a textbook version of it. Clear, usable, and grounded in how cases really run.
- Advice you can act on the same day
Evidence-led
Defensible positions built to survive scrutiny – from challenge and audit through to the court. We help you show your reasoning, not just reach it.
- Built to survive challenge, audit and the court
Outcomes-focused
Better, clearer results for the adults at the centre of every case. The point isn’t the paperwork; it’s the decision being right and holding.
- The decision being right - and holding
Find the Right Solution
When a care or funding decision is contested, it has to stand up – to scrutiny, to challenge, and to the court. We help you build and evidence a position that holds.
Care Act Assessments & Eligibility
Defensible needs assessments, eligibility decisions and care planning when "meeting needs" is disputed.
Best Interests & Decision-Making
Sound MCA decisions, properly reasoned and recorded, that withstand challenge.
Judicial Review & Complaints
Support when decisions are challenged through complaints, JR or the court.
Few areas carry higher stakes than a person’s capacity and liberty. We bring specialist Court of Protection and Mental Capacity Act expertise to the hardest of these decisions.
Mental Capacity Act
Capacity assessments and best-interests decisions in complex, contested or fluctuating cases.
Court of Protection & s.21A
s.21A challenges, deprivation of liberty and applications prepared to court standard.
Deprivation of Liberty (DoLS / LPS)
Authorisation, community deprivation and navigating a system mid-reform.
When authorities disagree over who holds responsibility, people wait and costs mount. We resolve questions of duty, funding and aftercare – clearly and quickly.
Ordinary Residence
Establishing which local authority is responsible, and resolving cross-border disputes.
Section 117 Aftercare
Aftercare duties, funding responsibility and disputes between bodies.
Continuing Healthcare Boundaries
Where social care and NHS responsibility meet - and who pays.
What Our Clients Say
Get in Touch
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What happens next
We'll review your enquiry and respond with a clear recommendation on the most appropriate next step.
Submit your enquiry
Tell us what you're dealing with.
We review the issue
A specialist reads it, not a bot.
We contact you within one business day where possible
Quickly, and to the point.
We recommend the next step
A clear view on the most appropriate route forward.
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