2.4 Adult Social Care Appeals Process

1. Introduction

If you are an adult receiving care and support or an unpaid carer, you have the right to appeal certain decisions made by Bury Adult Social Care under the Care Act 2014. This process ensures transparency and provides a clear way for you to contest decisions you believe are unfair or incorrect.

Our appeals process is designed to resolve issues efficiently while keeping you informed and involved every step of the way.

2. What you Can Appeal

You can make an appeal if you disagree with decisions related to:

• Assessment of needs: Whether your needs have been accurately assessed.
• Carer’s assessment: Whether the assessment of your role as a carer is accurate.
• Eligibility decision: Whether you qualify for support, or the level of support provided.
• Financial assessment: Whether the financial assessment is accurate and considers all relevant information.
• Support planning: Whether your care plan meets your needs and wishes.
• Personal budgets and direct payments: Whether the allocated funding is sufficient.

3. What Cannot be Appealed

You cannot appeal:

• Issues unrelated to Adult Social Care decisions or actions.
• Matters already subject to legal proceedings.
• Concerns better addressed through the Adult Social Care complaints policy, such as staff behaviour, delays, or communication issues.

 4. The Appeals Process

Wherever possible, our aim is to resolve issues quickly through early resolution. Effective communication is key, ensuring that both the local authority and the person making the appeal understand the decisions and process.

Step 1: Early resolution

• You should discuss your concerns with your allocated worker as soon as possible.
• The allocated worker will review the decision and consider any additional information to try and resolve the issue quickly.
• This informal discussion should happen promptly, with the goal of resolving issues by the next working day if possible.

Step 2: Review and decision

• If early resolution is not possible, a formal appeal can be made within 15 working days of receiving the decision.
• Appeals can be submitted by letter, email, or telephone.
• Appeals will be acknowledged within 3 working days.
• A Team Manager will review the appeal, considering all available information.
• If necessary, a meeting may be arranged to discuss the appeal in further detail.
• The Team Manager will provide a final decision within 15 working days of receiving the appeal.
• If you remain dissatisfied, you can use the Adult Social Care complaints procedure or contact the Local Government and Social Care Ombudsman.

Support Available

If you cannot represent yourself, an independent advocate can assist you through the appeals process. See Independent Advocacy chapter for more information.

How to submit an appeal

You can submit an appeal by telephone, email or letter to the team manager of your allocated assessor. Ensure that you provide all relevant information and documentation to support your appeal.