Monica Kreel has experience of a wide range of community care and mental capacity cases.
Her community care work includes obtaining care packages or Disabled Facilities Grants for disabled people and obtaining accommodation and financial support for destitute migrants. She also has experience of NHS continuing care disputes, mental health aftercare and care packages for prisoners.
Monica’s mental capacity work includes applications to the Court of Protection to challenge decisions of local authorities, to obtain Deputy orders or to ensure that people without mental capacity are safeguarded.
Monica has represented adults experiencing serious abuse or neglect, to ensure that proper investigations are carried out.
Monica is able to use her knowledge of discrimination law, human rights and public law principles to challenge policies or decisions made of public bodies on issues such as community care assessments or funding. She has issued many successful judicial review challenges, obtaining emergency injunctions where necessary.
Monica has over 20 years’ experience advocating for the rights of disabled people as a caseworker, policy officer and investigator at local and national organisations including the Royal National Institute for Blind People, the Disability Rights Commission and the Equality and Human Rights Commission. She played a key role in implementing and enforcing the Disability Discrimination Act 1995 and the Equality Act 2010. She qualified as a solicitor in 2014.
Area/s of specialism
- Assessments and services for disabled people
- Safeguarding disabled people from abuse and neglect
- Judicial review challenges to community care policies
- Disabled Facilities Grants
- Welfare applications in the Court of Protection
- Support for adults and children with autism
R(JC) v Essex County Council CO/767/2015 Judicial review of local authority’s refusal to assess a child with autism or to provide him with services, despite his very serious needs. A lawful assessment, care package and human rights damages of £7500 were awarded. The local authority agreed to review its policies for the assessment of children.
R(BO) v London Borough of Lewisham Judicial review of local authority’s failure to lawfully assess or support a migrant family.
R (YB) v London Borough of Newham (2012) Judicial review challenge to Newham’s unlawful decision to cut a child’s care package in half without a proper re-assessment. An injunction was obtained to restore the care package.
Local Government Ombudsman Complaint 13 005 484 (2014) Complaint against the London Borough of Newham for failing to provide accommodation to a family, leaving an elderly disabled couple separated from each other and from their carers for two months. The complaint was upheld by the Local Government Ombudsman and compensation was awarded to the family.
R (McDonald) v Royal Borough of Kensington & Chelsea  UKSC 33
Supreme court challenge to local authority’s decision to meet a disabled adult’s night time needs with continence pads instead of a night time carer.
R(YK) v London Borough of Newham (2012) Judicial review of Newham’s failure to re-house a family that had been waiting for emergency re-housing for over 5 years, leaving a severely disabled child virtually unable to go in or out of the house in her wheelchair and without access to the bathroom.
Disability Discrimination Act Statutory Code of Practice for Employment and Occupation 2004
Disability Discrimination Act Statutory Code of Practice for Trade Organisations and Qualifications Bodies 2004