Reviews and Complaints
16.1
If an adult is unhappy with the assessment or considers after the assessment that they cannot afford to pay, then they have the right to request a review of the charge that has been assessed. The review will be carried out by a manager of the individual who has completed the assessment.
16.2 Review Process – Financial Assessments
Residential and Non-Residential Services
16.3 Purpose
The Council refers to the Care and Support Regulations (Statutory Instruments) and Care and Support (Charging and Assessment of Resources) Regulations 2014 in all regards for specific guidance relating to charging and financial assessment.
This policy allows some discretion in terms of dealing with individual cases and each case is determined on individual financial circumstances and the outcome of a financial assessment.
The Local Government Ombudsman has emphasised that customers should be given clear information as to the criteria for having charges reviewed, reduced or waived.
The Financial Assessment Review process sets out the mechanism through which individuals may request a review of their assessed charge.
16.4 Review Process
Where a customer disagrees with the level of charge set following a financial assessment, they can request a review. The request would normally be within 1 month of receiving confirmation, in writing, of the assessed charge.
The review will be completed and undertaken by a Manager within Adult Social Care Finance. The customer will be notified in writing of this, with an undertaking that any reduction (if agreed) will be applied from the date of notification of the assessed/re-assessed charge, i.e. the date from which the charge would take effect.
The Manager will:
- Establish that the charging policy has been appropriately applied and that the charge has been calculated correctly.
- Establish that benefits have been maximised appropriately.
- Establish that any additional costs of disability have been allowed in accordance with agreed amounts.
- Consider any exceptional costs that result from disability, identified by the customer and assess the need for a reduction in the charge through the exercise of discretion.
- Check the care and support plan and discuss with the Care Manager whether any other exceptional circumstances apply.
- Ensure that, where appropriate, additional supporting evidence of actual expenditure is provided
- Arrange to meet with the customer user/family or carer as necessary to discuss the circumstances of the review.
- Obtain the agreement of the Review with Business Process Manager or Assistant Director Wellbeing and Assessment regarding the outcome of the review.
- Notify the customer in writing of the outcome of the review and advise the customer of the right to complain through the Council’s Corporate Complaints process, if dissatisfied with the outcome of the review.