Moved by
Baroness Greengross
76: After Clause 40, insert the following new Clause—
“Appealing decisions taken by the local authority
(1) The local authority must have in place a procedure, which includes a review element that is independent of the local authority, by which adults or carers can appeal a decision made by the local authority about—
(a) whether an adult or carer’s needs meet eligibility criteria under section 13,
(b) whether to charge for meeting needs under section 14,
(c) the result of a financial assessment under section 17,
(d) the content of a care and support plan or support plan under section 25,
(e) the amount of a personal budget made under section 26 or independent personal budget made under section 28,
(f) the payment of an “additional cost” under section 30.
(2) Regulations may make further provision about any aspect of the appeals procedure mentioned in subsection (1).
(3) Wherever a decision has been made of a type referred to in subsection (1), the local authority must make the adult or carer aware of their right to appeal the decision and how to request details of the appeals procedure. Details of the procedure must be made available on request.”