Community Care Remedies

What are you able to do if you are dissatisfied with a decision or actions of your local authority or NHS provider?

There are a number of different community care remedies and complaints procedures, depending on whether your complaint is about the local authority or NHS and whether you live in England or Wales. There are also different procedures where the complaint relates to a social care matter for a child.

If you are unhappy with the outcome of your complaint, you may be able to take your case to the relevant Ombudsman, who is able to investigate complaints against local authorities and the NHS where you believe that you have suffered injustice or a service failure because of the action or inaction of the local authority or NHS. There are time limits for making a complaint or bringing a case to the Ombudsman, so do not delay in seeking advice and taking action about your concerns.

The other remedy for those who wish to challenge a social care or NHS decision is to bring judicial review proceedings against the relevant body. Judicial review is a specific type of court proceedings where the High Court reviews the lawfulness of decisions made by public bodies, such as local authorities and the NHS. Time limitations are crucial for Judicial Review applications and they must be made promptly, within 3 months of the decision that you wish to review being made. Legal Aid funding is available for judicial review if eligibility criteria are met.

At Sinclairslaw, we have extensive judicial review experience and we are able to advise you about any potential claim you may have. However, the time limits are very strict and if you think that you may wish to bring judicial review proceedings, please contact us today.

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