How to challenge local authority over elderly care
If you disagree with your local authority’s decision not to pay for your parent’s care services – or you don’t think they’ve been offered enough support to meet their needs – you need to speak out
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
How to challenge a decision – step by step
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 may 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 Ombudsman
This article is provided by the Money Advice Service
