Social Services: Appeals

Department of Health written question – answered on 23rd June 2015.

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Photo of Emma Lewell-Buck Emma Lewell-Buck Labour, South Shields

To ask the Secretary of State for Health, for what reasons proposed plans for a new appeals system in adult social care do not include making recommendations of independent appeals panels binding on local authorities.

Photo of Alistair Burt Alistair Burt The Minister of State, Department of Health

In February 2015, the Department published a consultation on policy proposals for a new appeals system for care and support. It will publish a response in due course.

The proposals set out a non-judicial appeals system to encourage early resolution and an inquisitorial rather than adversarial approach. This is intended to provide a relatively low cost solution as compared with formal legal redress.

Under the policy proposals consulted on, an Independent Reviewer would review the local authority’s original decision and make a recommendation. The local authority would then make its decision considering the Independent Reviewer’s recommendation. This will provide a check and balance to the system and ensure a recommendation is made by an impartial third party, which the local authority must consider in its final recommendation.

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