Fair access to care services (FACS): prioritising eligibility for care and support
Review - Appeals and complaints
The ‘Adult social care: choice framework’  explains:
- what choices individuals can expect their council to offer in terms of care and support
- where people can get more information and advice to help them decide what to do
- how to make a complaint if the individual is not offered a choice.
The guide covers:
- the right to choose services paid for by the council
- the right to choice for carers
- the right to choose a residential care home paid for by the council
- the right to information and advice to help make a choice
- how get information and support to make a decision
- how to complain about services arranged by the council.
People or their carers requesting an assessment should be given information about the local authority’s complaints and appeals system. Each local authority is required by law to have its own system, and to make information available about it for people who are requesting an assessment, are being assessed or are receiving care and support. The Care Quality Commission (CQC) requires all registered providers of adult care and support services to have an effective complaints process.
Section 95 of the DH’s 2010 guidance, ‘Prioritising need in the context of “Putting people First”’  highlights the need to exercise considerable caution and sensitivity when considering reduction or withdrawal of care and support, and to ensure that people and their carers understand the reasons for these changes. In addition, staff should ensure that in these circumstances, people are aware of how to exercise their right to appeal and of the complaints procedure.
If the individual or carer remains dissatisfied with the response from the local authority or provider, he or she can refer the matter to the Local Government Ombudsman, who can consider complaints about councils and all types of registered care services for adults in England. The Ombudsman will consider complaints about:
- care arranged directly with a care provider by:
- someone paying with their own or family money
- someone using money provided by a council
- care provided by a council.
Families concerned about the care being offered to a person who lacks the capacity to make their own decisions, can apply to the Court of Protection for a Best interests decision. Where the person is being deprived of their liberty and has the benefit of the Deprivation of Liberty Safeguards, then applications to the Court of Protection for reviews attract legal aid. It is an essential part of the human rights of a person to have their Deprivation of Liberty examined by a Court of Protection judge.