This chapter was introduced in May 2016.
This policy clarifies what an appeal is, which decisions can be appealed against, who can make an appeal and the process to follow when an appeal is made.
It is aligned with the Care Act 2014, associated regulations and statutory guidance and should be read in conjunction with the wider policies and procedures of Hull City Council Adult Social Care which provide the context in which decision making regarding the issue under appeal must take place.
2. The Appeal
An appeal is a request for the review of a decision taken by adult social care staff in relation to one or more of the following:
- An assessment (see Assessment and Self-Assessment and Carers Assessment and Self-Assessment);
- A decision regarding eligibility for support (see Eligibility Framework);
- The support plan, including the level of the personal budget (see Outcome Focused Support Planning and Personal Budgets);
- The decision not to provide the personal budget in the form of a direct payment (see Direct Payments);
- A deferred payment agreement.
An appeal may be made by the customer or their nominated representative. If a customer requires the support of an advocate to assist with the appeal process, one must be provided and the timescales associated with the appeals process do not begin until an advocate is appointed. A customer may require an advocate if they cannot:
- Understand information relevant to the appeals process or the decision to be appealed against;
- Retain that information in their mind for long enough to be able to;
- Weigh up and evaluate the information;
- Communicate that decision (by any means).
3. The Appeals Process
Customers must tell us within 10 working days of being notified of a decision that they want to appeal against it. Appeals must be made in writing and must set out what the person disagrees with and why. A standard form, together with an information sheet is available for this which may help, but if the person wishes to send a letter instead, this is perfectly acceptable provided it contains the information necessary for the appeal to be decided on.
Appeals should be made to the relevant team manager and any received by other routes should be forwarded to the relevant team manager.
The manager will acknowledge receipt of the appeal and will arrange for the decision being appealed against to be reviewed with 10 working days by a staff member with a sufficiently well developed understanding of the issue under appeal who was not involved in the original decision making process. This may be someone in any role or grade of post. They must consider whether the decision under appeal was:
- Lawful, that is it complied with both the law itself and also with the wider policies and procedures of Hull City Council Adult Social Care;
These are the only grounds upon which an appeal can be considered. It is important to note that while Hull City Council will always take the wishes and preferences of the person into account when constructing and agreeing a support plan, these wishes and preferences may not always be deliverable.
Within 10 days of the appeal being received, the person investigating the appeal will respond in writing to the team manager either upholding the appeal or dismissing it on the grounds that the decision being appealed against was lawful, fair and equitable. The manager will then respond to the appellant.
If the appeal is upheld, the decision making process should be undertaken again by someone who was not involved in the original decision making process.
The outcome of the appeal is final.