A fifth of the UK population is over 60, and this proportion is increasing.

As we age and become frailer, our need for support and help with daily living tasks grows.

Yet the number of older people receiving services has actually fallen.

In July, the Audit Commission published its report Don't Stop Me Now – Preparing For An Ageing Population. The report asked older "mystery shoppers" to identify the everyday challenges they face in accessing council services.

The people interviewed reported that they experienced councils as organisations that viewed them in terms of care needs rather than as people.

As former Prime Minister Tony Blair said in 2005 in his introduction to the Government's strategy document Opportunity Age: "Older people are still often treated as passive recipients rather than active consumers with their own views about their needs".

We at the Legal Services Commission provide Legal Aid funding to help older people be active consumers by getting quality-assured legal advice so they can exercise their rights to the services they need.

Avon and Bristol Law Centre is one organisation in Bristol that receives Legal Aid funding to provide specialist legal advice in Community Care law.

One of their caseworkers told me: "To live independently as you get older, you often want help with daily living tasks like shopping, cooking or cleaning. It may be that you also need help with personal care such as washing, dressing or getting to bed.

"You may find that to stay in your home you need aids or adaptations like stair lifts or rails or a shower installed. But finding out about your rights and actually securing those services can be a real challenge." The gateway to help with services and aids in the home is a formal assessment of your needs provided by your local social services department adult care team.

Social services have a duty to assess anyone who appears to be in need of their services.

This must be done in accordance with the local authority's assessment procedures and eligibility criteria which they must publish.

The assessment should involve a face-to-face meeting with a member of the social services team, giving you an opportunity to express your views and wishes.

If you have a carer, then they can ask for their needs to be assessed as well, as they may need support to look after you.

You should be provided with a written care plan setting out what services you are to be provided with. A charge may be made, depending on your income and capital.

In the Law Centre's experience, people can wait a very long time for an assessment.

Even after the assessment and care plan have been prepared, older people or their carers may be concerned that the services offered aren't sufficient to meet their needs or that a key aspect of their needs has been omitted.

They may have queries about whether the charges made for services are correct.

People who are in this situation can often feel overwhelmed and isolated.

The Law Centre can provide advice about legal rights to services, how to access services and whether and how to challenge decisions.

The following stories give an idea of the sort of problems that the Law Centre can help with ...

Miss Adams, aged 73, lived alone and had asthma, osteoarthritis and a heart condition. She found it increasingly difficult to carry out daily chores such as cleaning the house, shopping and getting in and out of the bath. After experiencing a series of falls, she contacted social services for help, but did not hear back.

She approached the Law Centre and a caseworker used Legal Aid funding to write a detailed letter to social services to arrange a face-to-face assessment with Miss Adams in order to organise a care plan.

Miss Adams now receives help twice weekly with shopping, cleaning and bathing. An alarm was also fitted so that she can get help if she falls.

Mrs Oakes, aged 85, and her carer contacted the Law Centre because she needed night care and a sitting service. They said that they had been told that there was no money for this, even though an assessment had not been made.

A caseworker used Legal Aid funding to write a detailed legal letter to social services, and it was agreed that Mrs Oakes did need these services.

The great thing about getting legal advice is that you don't have to battle on alone. A caseworker will advise you on the strength of your case and the various courses of action open to you. Once you've decided what you want to do, they will contact the relevant authorities on your behalf and make sure your case is put across effectively.

Even if you're not sure whether you have a case or even what sort of advice you need, the Law Centre's reception staff will ask you about your problem and make sure you are put in touch with the right person to help you.

For more advice, visit either the Avon & Bristol Law Centre, 2 Moon Street, Stokes Croft, Bristol, BS2 8QE, call 0117 924 8662 or log on to www.avonandbristollawcentre.org.uk

Or you can call in to South West Law, 1 Hide Market, West Street, Bristol, BS2 0BH, call 0117 314 6400, log on to www.southwestlaw.org.uk or email enquiries@southwestlaw.org.uk