Ashfords partner Sue Savill, left, who heads the firm’s trusts and estates team, looks at what to do when you disagree with a local authority’s care assessment.

So far in this series of articles we have looked at how you access care, whether that care is provided in your own home or in a nursing home.

If the care you need is classified as social care, that is provided by the Local Authority, and if the care you need is primarily health related, that should be provided by the NHS.

This month we look at what you do when you disagree with the Local Authority's assessment of your care needs.

Perhaps the Local Authority has decided that your care needs are not eligible for help at all; or perhaps you consider that the care offered is neither adequate nor frequent enough.

You can appeal the Local Authority decision by making a complaint. By law every Local Authority has to have a complaints procedure in place. Somerset County Council has a specific procedure for adult social care complaints (see below).

You should be advised of your right to complain at every stage of your care assessment and be invited to voice concerns about any decisions made about your care. The emphasis within all Local Authorities' complaints procedures is on mediation, not arbitration.

In other words the process seeks to arrive at an agreed outcome rather than an official imposing a decision on the parties. This informal approach should mean that the process can be easily understood and negotiated.

Unfortunately, the assessment process and subsequent appeals do not always run smoothly. The process demands that strict rules and tight deadlines are followed.

It can be intimidating for a carer or service user to challenge a decision made by specialists who deal with this type of issue all day, every day - especially at a time when they are focused on meeting care needs.

However, help is available. Total Advocacy Service is a partnership of advocacy providers, providing support to vulnerable adults in Somerset and social workers can refer you to this service.

Both Age UK and the Citizens Advice Bureau offer free advice, or you can seek advice and assistance from solicitors, like Ashfords, who specialise in this area.

Ashfords has solicitors who are members of Society of Trust & Estate Practitioners (STEP) and Solicitors for the Elderly, who have particular expertise in advising on issues facing elderly clients.

Somerset County Council’s adult social care complaint process

1 – Request a copy of the care assessment (if not already provided).

Still not satisfied?

2 – Within two weeks of assessment write to the person who carried out the assessment saying why the assessment is wrong and what you would like the council to do.

3 – The team manager will contact you to have a further discussion or arrange a second assessment.

Still not satisfied?

4 – Within two weeks of the discussion or second assessment you can request a review by the Social Care Panel, which meets every month.

5 – The decision by the Social Care Panel will be notified to you within three working days.

Still not satisfied?

6 – Ensure you have exhausted the local complaints procedure. You can access the Somerset County Council general complaints procedure at: ‘Complaints Compliments and Comments’ within the adult social care section of their website - click here.

Still not satisfied?

7 – Refer to Local Government Ombudsman.

  • Information provided by Ashfords.