Fewer than one in five local authorities have a dedicated appeals
process for social care, according to new research by Independent
Age, the older people’s charity. This means the only option many
people have is to make a complaint – a process that can be slow,
stressful and leave them living with inadequate care or unfair
costs.
Meanwhile, three in five (60%) complaints about assessments and
care planning were upheld by the Local Government and Social Care
Ombudsman in 2018/19, and almost three-quarters (73%) of
complaints about charging were upheld. This suggests that issues
are not being dealt with effectively through local authority
complaints processes.
In a new Independent Age report, Reviewing the case: the right to
appeal in adult social care, the charity investigates how people
can challenge decisions about the care and support they receive,
an often-neglected aspect of social care.
The report found that most councils use a complaints procedure,
rather than a separate social care appeals process. This can mean
that people could be waiting as much as six months for their
complaint to be resolved, or even longer if an extension is
applied. Calls to the Independent Age Helpline also suggest that
using the word “complaint” can be off-putting for some older
people.
Of those local authorities who did have an appeals process, the
most common appeal requests were in relation to changes to care
packages (25%), outcomes of care needs assessments (20%), and
eligibility (16%).
Independent Age is calling on the government to introduce a
statutory appeals process for adult social care. As a minimum,
the process should:
· Be distinct from complaints, with its own separate timelines
and process.
· Include clear provision for the role of an independent
reviewer.
· Stipulate that during an appeals process, the individual’s
current level of care is upheld and maintained until the case has
been resolved.
· Be clearly explained to individuals receiving care, at all
stages, so that they know access to an appeals process is
something they are entitled to. Clear information should be given
about what an appeal is and how to start the process.
· Have assigned timescales, which individuals are kept informed
of at all stages. Any delays must also be communicated clearly.
· Include requirements for local authorities to collect data in a
consistent way, so that patterns can be identified and lessons
learned.
· Be adequately resourced so that it can be properly staffed and
administered. There will need to be adequate funding from central
government to enable this system to be introduced.
Deborah Alsina, Chief Executive of Independent Age, said, “Having
to make a complaint is hard enough for many older people and
their families, without the added complications of not knowing
how to do it, or how long it will take.
“The one in five councils who do have a process are actually
going above and beyond what it expected of them. Although this is
brilliant, there needs to be a statutory appeals process so that
no matter where you live, the way to appeal a decision will be
the same.
“The government has previously acknowledged the need for this and
even consulted on it in 2015, but they never published a response
and nothing has moved forward. That’s why we’ve published our
report today: too many people are being left without the support
they need, and with no idea about how to take control of their
own care, and that needs to end.”
Michael King, Local Government and Social Care Ombudsman, said,
“It’s essential for authorities to try to get things right at the
local level before problems are escalated to us, so we welcome
any moves to improve the way councils manage the assessment
process for people in need of care.
“Any change in approach should learn lessons from similar
existing appeals systems and follow the principles of good
administrative practice, that is: easy to use, easy to access and
with clear guidance for all who use it.”
The full report is available to read at
www.independentage.org/reviewing-the-case
