Challenging a decision regarding my support plan - ?? Appeal and complaint at same time

Camellia
Camellia Online Community Member Posts: 90 Empowering
edited September 21 in Housing and independent living

This concerns how to best go about raising some sticking points in my Care Act support plan. I am mindful of having to challenge my local council within a set time limit from the date of the decision I’m not happy about. I want to appeal, but am concerned if it takes too long, I’ll be ‘timed out’ of then being able to make a formal complaint.

There is also the risk - if either the appeal or complaint take too long - of being timed out for being able to progress the matter to the LGO Local Government Ombudsman.

I am therefore considering to file both a formal complaint and an appeal at the same time (whilst copying in the Statutory Monitoring Officer) in the hope that matters may be resolved more quickly.

Or should I appeal first and if I haven’t had the decision revisited in my favour within a month or 6 weeks max, to then promptly take it to a formal complaint within their 3 month time limit.

Any thoughts?

Also has anyone had any success with involving the statutory monitoring officer where there looks like there could have been a breach of the Care Act?

Thanks for any suggestions or sharing how you have dealt with something similar

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Comments

  • Rachel_Scope
    Rachel_Scope Posts: 2,134 Scope Online Community Coordinator

    Hi @Camellia. Sorry no-one was able to answer your question. Did you file both a complaint and appeal?

  • Camellia
    Camellia Online Community Member Posts: 90 Empowering

    Hi Rachel,

    Thanks for asking. I ended up just filing a complaint and also writing to the statutory monitoring officer.

    I got a prompt unfavourable response to the complaint which concludes the complaints process and acts as a deadlock letter - necessary for me to go to the ombudsman.

    I received no response from the Statutory Monitoring Officer.

    It will need to now either go to the Local Government Ombudsman or Judicial Review - now need to think about best way forward.