Commission to examine the right to challenge decisions about adult social care


The ability to challenge decisions made by local councils about adult social care will be scrutinised in a major new inquiry.

The Equality and Human Rights Commission will examine people’s experiences of challenging decisions about social care or support for older and disabled people and unpaid carers living in England and Wales.

The inquiry was launched after a range of organisations working on issues facing disabled and older people raised concerns that people faced barriers to complaining about or challenging decisions related to their social care.

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The commission will look to see if these decisions can be meaningfully challenged if they fall short, and if the existing ways to do so are accessible and effective, including whether high quality advocacy support is available.

It will also explore if people are made aware of their rights to social care and support, and how they can challenge a decision they feel is wrong; whether local councils and other relevant bodies learn from challenges to improve decision-making in future; and whether effective systems are in place to check the quality and consistency of decision-making about people’s access to social care or support.

The inquiry is expected lead to a number of recommendations for local and national governments, as well as other relevant organisations.

Baroness Kishwer Falkner, Chair of the Equality and Human Rights Commission, said: “We know that the social care system has been under significant pressure and many problems have been exacerbated by the pandemic. With vital decisions about people’s care being made under such pressure, it is essential that there are effective ways to challenge them if people feel they have been left without the support they need.

“That is why we are using our legal powers to launch this inquiry, to help make sure that everyone can live a dignified life and that people can speak up if they feel a decision has left them without the right care.”

The inquiry team will gather evidence from adults affected by the issues in its terms of reference, organisations that provide advice, support and/or advocacy services to people trying to navigate the social care system, as well as local councils and national governments.

A short survey asking for views from social care users and their loved ones, as well as unpaid carers, has also been launched to kick-start the inquiry’s evidence collection.

The full inquiry report will be published in 2022.

Tags : commissioncomplaintsequality and human rights commissioninquiry
Sarah Clarke

The author Sarah Clarke