Change to Care Bill could see appeals system for social care decisions

The Government has put forward an amendment to the Care Bill that would give it the power to create a new system of appeals over councils’ decisions on social care.

Care Minister Norman Lamb introduced the new clause (NC28) last week (30 January). The Bill is currently being debated in Parliament and is expected to become law in March.

The clause says regulations introducing the system could make provision about a range of issues such as:

• Grounds on which an appeal might be brought;
• Pre-conditions for bringing an appeal;
• How an appeal is to be brought and dealt with (including time limits);
• Who is to consider an appeal;
• Powers of the person or body deciding an appeal;
• What action is to be taken by a local authority as a result of an appeal decision;
• Representation and support for an individual bringing or otherwise involved in an appeal.

The move has been welcomed by Leonard Cheshire Disability, which has been campaigning to give those who need care a right to appeal against decisions about the care and support they receive.

Jane Harris, campaign director at the charity, said: “Getting the right care is often a matter of life and death for millions of disabled and older people and their families. Until now people who are denied the care they need to get dressed, washed and eat have had no right to appeal their councils’ decision.

“This is only a first step, but we are looking forward to working with the Department of Health to create a fair and consistent system that really works for disabled people. People who disagree with council decisions on where their children go to school can appeal – it is only fair that people who don’t get enough support to eat, wash and dress can do the same.”