How easy is it to challenge care decisions?
The Equality and Human Rights Commission (EHRC) has launched a new inquiry into the right to challenge social care decisions.
Decisions about access to social care or support – such as a person’s entitlement to it and what kind they can access – can seriously affect the right to independent living and inclusion of many disabled and older adults as well as unpaid carers.
Iis important for people to be able to challenge a decision easily, if they feel that it leaves them without the right support. An appeals system should have been introduced when the Care Act was introduced but, needless to say, wasn’t.
The EHRC has launched its new inquiry after a range of organisations working on issues facing disabled and older people raised concerns that people faced barriers to complaining about or challenging decisions related to their social care. The LGSCO can only investigate if there has been maladministration not if the support offered is inadequate.
Looking specifically at England and Wales, the EHRC will examine people’s experiences of challenging decisions made by their local councils about social care or support for older and disabled people and unpaid carers.
It will look to see if these decisions can be meaningfully challenged if they fall short, and if the existing ways to do so are accessible and effective, including whether high quality advocacy support is available.
It will also explore:
• if people are made aware of their rights to social care and support, and how they can challenge a decision they feel is wrong
• whether local councils and other relevant bodies learn from challenges to improve decision-making in future
• whether effective systems are in place to check the quality and consistency of decision-making about people’s access to social care or support.
The inquiry will lead to a number of recommendations for local and national governments as well as other relevant organisations.
Feedback to be gathered from individuals and organisations
The EHRC’s inquiry team will gather evidence from adults affected by the issues in its terms of reference, organisations that provide advice, support and/or advocacy services to people trying to navigate the social care system, as well as local councils and national governments.
A short survey asking for views from social care users, family members and unpaid carers has been launched and is open until September 15th. The full report will be published in 2022.
. You can complete the survey here https://www.smartsurvey.co.uk/s/C5MBWX/
