The charity, Independent Age, which provides advice and support for persons in older age, has produced a report calling for changes in the way adults can challenge decisions about their care. The report highlights the fact there is no statutory process of appeals, and it is for councils to put in place separate appeals processes on a local basis, if they chose to do so. Presently, there is a statutory complaints process via a complaint to the council, which can be followed by a complaint to the Local Government and Social Care Ombudsman in the event of an unsatisfactory result, but this process is slow and with strict criteria.
The government consulted on a statutory appeals process in 2015, but since then has taken no further action. The Independent Age report calls on the government to revisit this issue, and sets out how it assumes such a process could work in practice.
With the care sector generally being seen as fragile and under pressure, it seems inevitable that bodies such as Independent Age are calling for a clearer way for service users to make changes in their social care provision. If there is a clearer and easier way for service users to appeal against the care provided, then it does seem foreseeable that this could be done in conjunction with claims for personal injury.
A copy of the full report can be found here.
Written by Jennifer Johnston at BLM