- Is there an appeals process* in place for when a service user (or their representative) disagrees with an assessment of their care and support needs or changes made to a package of care?
* We are defining an appeals process as including the best practice set out in the Care Act 2014 under section 72: Part 1 appeals:
(a) Who may (and may not) bring an appeal;
(b) Grounds on which an appeal may be brought;
(c) pre-conditions for bringing an appeal;
(d) How an appeal is to be brought and dealt with (including time limits);
(e) Who is to consider an appeal;
(f) Matters to be taken into account (and disregarded) by the person or body considering an appeal;
(g) Powers of the person or body deciding an appeal;
(h) What action is to be taken by a local authority as a result of an appeal decision;
(i) Providing information about the right to bring an appeal, appeal procedures and other sources of information and advice;
(j) Representation and support for an individual bringing or otherwise involved in an appeal;
(k) Investigations into things done or not done by a person or body with power to consider an appeal.Yes☐ If ‘Yes’ please answer questions 2 to 4
No ☐ If ‘No’ please answer i to iii – No.
Devon County Council has interpreted this request to relate to Adult Social Care.
The answer is ‘No’, the Council does not offer a formal “appeal process” as outlined in your request. People who have an assessment of eligibility and who either do or do not go on to have eligible needs met through Local Authority arranged support are advised to raise any concerns about the assessment and the support offer with the assessing worker and that worker’s Line Manager in the first instance. They are also advised about the complaints process, and this is the route they will be encouraged to pursue if they are not satisfied with the response offered by the worker and/or the worker’s line manager.
If the service user or their representative is unable to reach agreement with the assessor or team manager regarding the assessment, they are able to raise a formal complaint.
i) What is the total number of occasions where a service user (or their representative) disagreed with an assessment of their care and support needs or changes made to their package of care? Please provide information from the most recent complete year of data you have.
Between February 2018 and February 2019 there were 25 formal complaints where we have categorised at least one element in relation to an assessment carried out by our Care Act eligibility assessing teams. Of those, 11 were partly upheld, none were fully upheld, and 11 were not upheld.
The Council does not hold the above requested information for those situations where a person may disagree with the assessment or support offered where this matter is only raised with the assessor and/or line manager (irrespective of whether the disagreement is resolved or remains unresolved), it would only be possible to answer this by reviewing all individual assessment/review cases. The Council is unable to locate, extract and review this information within 18 hours, so we are unable to respond under Section 12 of the Freedom of Information Act 2000 – ‘Cost of Compliance’.
ii)What proportion of these disagreements were accepted by your Local Authority? Please provide information from the most recent complete year of data you have.
Between February 2018 and February 2019 (last available year as requested) there were 25 formal complaints where we have categorised at least one element in relation to an assessment carried out by our Care Act eligibility assessing teams. Of those, 11 were partly upheld, none were fully upheld, and 11 were not upheld.
iii. How do you respond to disagreements that have been raised by service users (or their representatives) when they have disagreed with an assessment of their needs or changes made to a package of care?
Responses are made via E-mail, letter or telephone, whichever is deemed most appropriate to the individual case.
Information for adults following assessment is provided on our webpages.
2.What other sources of national guidance or legislation helped inform and define your appeals process? Please provide sources for this information, such as links or copies
Not answered as no formal appeals process.
3.What time limit do you set to resolve appeals?
Not answered as no formal appeals process.
4.Should answering question 4 exceed the ‘appropriate limit’ under the FOI Act please prioritise questions 1 to 3 with regards to a response. What is the total number of occasions where a service user (or their representative) appealed an assessment of their care and support needs or changes made to their package of care? Please provide information from the most recent complete year of data you have. What proportion of these disagreements were accepted by your Local Authority? Please provide information from the most recent complete year of data you have.
Not answered as no formal appeals process.