Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, for what reasons proposed plans for a new appeals system in adult social care do not include making recommendations of independent appeals panels binding on local authorities.

In February 2015, the Department published a consultation on policy proposals for a new appeals system for care and support. It will publish a response in due course.

The proposals set out a non-judicial appeals system to encourage early resolution and an inquisitorial rather than adversarial approach. This is intended to provide a relatively low cost solution as compared with formal legal redress.

Under the policy proposals consulted on, an Independent Reviewer would review the local authority’s original decision and make a recommendation. The local authority would then make its decision considering the Independent Reviewer’s recommendation. This will provide a check and balance to the system and ensure a recommendation is made by an impartial third party, which the local authority must consider in its final recommendation.