How Can I Challenge a Decision About Community Care Services?
Internal Procedures
Before reaching the litigation stage, many disputes can be resolved internally, by whichever organisation made the decision that is being challenged. External bodies, like the Ombudsman or Courts, will in most cases expect a person to have attempted to resolve the dispute by using internal procedures in the first instance. This firm deals with complaints, reviews and litigation at all levels, from negotiating and liaising with the relevant department, to Review Panels and even in the High Court and above.
NHS Complaints / Review Procedure
People are expected at the first stage to write to their local Primary Care Trust with any complaint. If this does not work they can forward their complaint, in writing, to their Strategic Health Authority. The Strategic Health Authority can arrange an Independent Review Panel to investigate the complaint, who will usually have a hearing of some description, at which the person can attend. If this does not resolve the problem, it may be necessary to access an external mechanism, see below.
Social Services Complaints / Review Procedures
Social Services, as part of a Local Authority, have internal complaints procedures whereby a complaint at the first stage is handled by the Manager of the relevant department. If this does not achieve a resolution there is a separate complaints department within most Social Services, who then request information from the department that previously dealt with the matter and try to achieve a satisfactory outcome for all concerned. If this does not work, it may be necessary to try an external complaints procedure, see below.
Health Service Ombudsman (HSO)
The Health Service Ombudsman is an independent government body that reviews the decisions of the National Health Service, and any decisions concerning health care, including decisions about continuing care. A link to the Health Service Ombudsman is below:
http://www.ombudsman.org.uk/make_a_complaint/health/index.html
Local Government Ombudsman (LGO)
The Local Government Ombudsman is an independent government body that reviews the decisions of Local Authorities and Social Services. A link to the Local Government Ombudsman is below:
http://www.lgo.org.uk/
Judicial Review / Court Action
Some disputes are not suitable to internal complaints procedures or for referrals to the Ombudsman. For example:
- Emergency / Urgent Cases,
where the long delay of waiting for a resolution through complaints/review procedures is not quick enough, for example:
- Where a person is destitute and requires emergency accommodation
- Where a person requires emergency health care or social care services
- Where young children are involved and services / support / accommodation are required urgently
- Challenges to the Legality of Eligibility Criteria,
set by the National Health Service or Local Authorities, the Ombudsman cannot overturn eligibility criteria, only make findings on how they are applied;
- Where the Remedy Sought Cannot be Provided Except by a Court,
for example when substantial damages are sought, or an injunction is required, etc
In those cases it may be necessary to take court action. Where there is no right of appeal, in an emergency, or where the procedure available is not suitable or does not give an appropriate remedy, it may be necessary to apply for Judicial Review of a decision, or failure to make a decision. ‘Judicial Review’ is where an application is made to the High Court for a High Court Judge to review the case. Judicial Review can be suitable for a decision, unreasonable delay by a decision maker, failure to follow correct procedures, unlawful criteria, etc.
All members of this firm’s Community Care team specialise in litigation, public law proceedings and Judicial Review applications. These are legally very complex and it is advisable to take legal advice before undertaking any court action.
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