STAGE 5 Challenging the Council
Challenging the Council
You should first go back to the social worker and talk your concerns over. If you are not satisfied, ask to talk to their manager.
If you are still not satisfied, the next port of call is the council’s formal complaints process. The social worker should provide you with the information you need as to how to set about it. If not, you must ask.
You will need to set your case out based on why you believe the council has failed to deliver the Care Act 2014. This can be with regard to;
the range of your needs for your wellbeing
the decisions about which of your needs are 'eligible'
the service, or the amount of service, offered to meet your needs
Your complaint may be successful. But if not, and if you still do not approve the council’s assessment and support plan, you can challenge the council through one of two routes;
legal challenge through the law courts
The council should give you information as to how you can refer yourself to the Ombudsman. Recent judgements by the Ombudsman show encouraging signs of support for representations that show councils failing to deliver the Care Act 2014.
Challenge through the law courts is the other option. However, unlike the Ombudsman, it is not free and can involve considerable expense.
Access Social Care is a charitable organisation that offers free legal support. They may be able to help. Their email address is email@example.com and their website is linked below.
Free Legal Advice for People That Need Social Care in the UK (accesscharity.org.uk)
Our downloadable Guide To The Care Act, written by Social Care professional and Care Act 2014 specialist Colin Slasberg, might be helpful if you believe you have grounds to complain about your assessment and the support plan you have been offered. The more you are able to quote from the Care Act 2014 the stronger your case will be. Click the button to download.