How to challenge your local authority over your care
If you disagree with your local authority’s decision not to pay for your care services – or you don’t think you’ve been offered enough support to meet your needs, or a service has been withdrawn – you need to speak out.
- Know your rights
- Challenging your care-needs assessment
- Challenging your financial assessment
- How to challenge a decision – step by step
Know your rights
Taking on your local council can seem daunting but if you’re planning to challenge a decision, it will help your confidence to know a few basic things first.
- You have the legal right to a free care-needs assessment – your local authority can’t just refuse because they don’t think you qualify for support.
- You can ask for a reassessment if you think your circumstances have changed.
- Every local authority has its own eligibility criteria for what support you can and cannot receive, but they still have to comply with government guidelines.
- Your local authority has a legal duty to meet your eligible care needs – it’s not enough to say they can’t afford them.
Challenging your care-needs assessment
Just because the assessment is carried out by a health or social care expert, with help perhaps from your GP, you don’t have to stick by their decision.
For example if you have an illness or a disability, they might have assessed you on a ‘good’ day.
If you disagree with a decision not to provide support, or you don’t think the care package being offered is enough to meet your needs, follow the steps below to challenge it.
Challenging your financial assessment
Calculating the value of assets for means-test purposes can be complex, so many people get independent legal or financial advice before challenging a decision.
There are very strict rules about how much you should pay for long-term care, and many local authorities have arrangements that are more generous than the guidelines set out by government.
Still, if you think your assets have been overvalued or you’re being asked to pay for more than you should, you can ask for a review of your case.
If you are uncertain about what income or capital should be taken into account talk to a FirstStop Adviser who might be able to help you on 0800 377 7070
(Monday to Friday, 9am – 5pm).
How to challenge a decision – step by step
There are 3 stages in the complaints procedure:
Stage 1 is the informal stage where you contact the care manager or person managing your care and see if your problem can be resolved satisfactorily.
Stage 2 if the problem is not solved then register your complaint formally
Stage 3 is to seek an independent review. At all stages ensure you receive your responses in writing.
Follow these steps to challenge a decision :
Step 1 – Do your research
Find out about the complaints procedure for your local authority (or your local Health and Social Care Trust in Northern Ireland).
The details will be on their website. It’s also worth taking a look at their eligibility criteria for long-term care services, and their charging policy.
Step 2 – Contact your local authority or trust
Your local authority or trust has a legal duty to give you a written explanation of their decision.
Take time to read it, and if you think it’s unfair you can ask for your case to be reassessed.
There might simply have been a failure in communication or a misunderstanding that can be easily rectified.
Step 3 – Get help
If you need help with a complaint, contact your local councillor, the Citizens Advice Bureau or local disability or support groups to see if they’ll help you put your case forward.
Step 4 – Ask for an independent review
If you’re still not happy, you can ask your local authority or trust to arrange an independent review of your case.
To ensure fairness, you’ll be encouraged to be involved at every stage of the review.
However, if you’re not able, you can ask someone else – a family member, care provider or other representative – to oversee things on your behalf.
Step 5 – Take your complaint to the Ombudsman
If you need to, you can seek legal advice or take your complaint to the relevant local government ombudsman.
- For England contact the Local Government Ombudsman
- In Scotland contact the Scottish Public Service Ombudsman
- In Wales contact the Public Services Ombudsman for Wales
- In Northern Ireland contact the Northern Ireland Ombudsmanopens in new window