How to challenge decisions
There might be times when you disagree with a decision that has been made about your social care support.
If there is a decision you do not agree with, you might feel angry, frustrated, helpless, or confused.
You might feel like you do not want to challenge a decision.
It might feel like you are not allowed to challenge a decision. This is not true. You can challenge a decision.
It is important to understand your rights and what the law says about how you should be treated.
There may be times when you feel you have been treated unfairly or that your needs have not been understood or recorded properly. This might mean that you need to challenge a decision.
You are not on your own. There is lots of help out there to support you.
This page explains how you can most effectively challenge a decision about your social care support, and where to get help.
Where to start?
If a decision is made that you do not agree with, it can be helpful to take some time to prepare, before you challenge the decision.
You might want to:
- write down the reasons you disagree with the decision.
- list the effects of the decision, on yourself and anyone else, such as any unpaid carer or family member. This could include the negative effect on your emotional wellbeing, as well as the negative effects on your relationships with people.
- speak to a friend or family member, or someone you trust that knows about your support needs, to get their opinion.
- write down any questions you have or anything you do not understand, like the reasons for the decision.
If you choose to challenge a decision, you may feel let down, angry or upset.
As let down as you may feel, it is important to take some time to try to feel calmer. This will help you to put across your case more clearly.
Getting help from someone you trust, or an independent organisation, can help a lot here.
What can I do to challenge a decision?
There are several steps you can take if you want to challenge a decision.
This can be quite a stressful process. We recommend you speak to an Independent Support Organisation or advocacy service first.
These types of organisation can help you put your case across more clearly and take some of the stress out of the situation.
They can help you do things like:
- ask whoever has made the decision to look at it again, informally – by phone or email.
- request a formal review of the decision, in writing (email or letter).
- make an Appeal, if there is an Appeals process that you can use.
- make a formal complaint using your council’s complaints process.
You can find your local Independent Support Organisation using the Find Help search tool.
You can find your local advocacy service here.
What if I am still unhappy?
If you have tried these things and are still unhappy with the decision, there are further steps you can take.
These steps are more complicated and will need you to provide evidence about the decision and any contact you have had with the council so far.
If you decide to take these steps, it is a very good idea to get help and support.
As well as Independent Support Organisations, and advocacy services, you may want to get help from a law centre or specialist solicitor.
Other options include:
- You could contact the Scottish Public Services Ombudsman as the final stage for complaints about councils.
- In exceptional circumstances, you could ask for a Judicial Review. This is a court case where a judge decides if a decision made by a council is legal or not. This can be expensive as you may have to pay for lawyers.
If you feel you have been discriminated against because of age, disability, gender, race, religion, or other reason, you can contact the Equality Advisory and Support Service for advice.
What information can help me challenge a decision?
When it comes to social care support, there are laws, rules and guidance that councils must follow.
On each page in this Handbook, you will find sections labelled What the law says
You can refer to these sections to help you make your case if you need to challenge a decision.
There are also standards called the SDS Standards. These are not laws, but describe how councils should act when it comes to social care support.
The Standards let you know what your council should be doing. It is very helpful to be aware of these Standards so you know what to expect from your local council.
If your experience of getting social care support is not meeting these Standards, you can use them when you speak with your social worker and other professionals. This can help you resolve any issues.
On each page in this Handbook, you will find sections labelled What should happen. These sections highlight the relevant Standards that describe what your experience should look like.
Next steps
Contact your local Independent Support Organisation for help, if you want to challenge a decision. You can find their details using the Find Help search tool.
Many people are able to successfully challenge decisions about their social care support.
But we know that some common issues come up for people.
Here is what do to if any of the things below happen to you.
I was not told how to challenge a decision, or even that I could
Your council should give you clear information on how to challenge decisions. We know that this does not always happen.
Even if you have not been told clearly or at all that you can challenge a decision, you can.
Explain to your social worker or the person you have been dealing with at the council that you are not happy with the decision and you want information on how to challenge it.
A local Independent Support Organisation or Advocacy Service can also help you.
You can find your local Independent Support Organisation using the Find Help search tool.
You can find your local advocacy service here.
I am trying to challenge a decision but getting nowhere
Unfortunately, trying to understand or change a decision you do not agree with can be a frustrating process.
It is helpful to keep a record of all the times you try to contact someone about the issue, for example, emails, phone calls, attending enquiries desks, meeting requests.
It can also be useful to get help from a local Independent Support Organisation or Advocacy Service if you are trying to challenge a decision.
You can find your local Independent Support Organisation using the Find Help search tool.
You can find your local advocacy service here.
The SDS Standards give guidance to local councils to help them deliver social care support well.
These SDS Standards are not laws, but they describe what good Self-directed Support looks like. Councils should work towards these Standards.
When it comes to challenging decisions, here is what the Standards say:
- You have the right to be heard and should be supported to question and challenge decisions throughout your assessment, support planning and review processes, including decisions about outcomes (the things that are important to you) (5.2)
- Councils should make you aware of your human rights so you can challenge decisions on that basis. (5.2)
- Councils should have transparent and supportive processes for you to challenge and appeal all decisions which affect your experience of social care support. (5.2)
- You should be supported to challenge decisions which do not uphold your human rights, including escalating complaints to the Scottish Social Services Council (SSSC), the Care Inspectorate and the Scottish Public Services Ombudsman (SPSO). (5.2)
- Councils should have an easy and transparent process in place for making a complaint (5.4)
- Councils’ complaints processes should be compliant with Self-directed Support legislation, values and principles, and Equalities and Human Rights legislation. (5.4)
You can find the Standards here.
The SDS Statutory Guidance is legal guidance written for local councils to tell them how social care support (Self-directed Support) should work.
It says:
- You should be supported to question and challenge decisions throughout your assessment, support planning and review processes, including your agreed personal outcomes.
- At each stage, you have the right to have accessible information, independent advocacy and mediation (where someone separate from you and the council works with both of you to resolve any issues).
- At every stage, you have the right to challenge a decision and to make a complaint.
- If you are still unhappy after raising a complaint informally, your council should tell you about their formal complaints procedure.
- You have the right to access a simple and easy-to-use complaints procedure if you feel you have been unfairly treated or you want to challenge a decision about your support.
- Your council has a duty to give you information about organisations and individuals who can provide independent advocacy services.
You can find the relevant parts of the guidance here.