Effective Challenges to Decision Making - What to do when things go wrong
1. Where to Start?
At the outset it is useful to decide what it is that you are unhappy about. This may sound obvious but a little thought about what the issues are at the outset can help you to formulate the most effective challenge.
It is possible, even likely that there are several related issues and it can be helpful to tease out the different elements of the situation in order to ensure that your challenge addresses all the issues properly.
Examples of potential problems
• Disagree with assessment of support needs
• Refusal to allow direct payment to be used to make a specific purchase
• Cuts to budget
• Problems in delivery of services
• Direct payments stopped
It is also important to establish who is responsible for either creating and/or rectifying the part of the situation that you want to challenge and what obligations and powers they have or should have exercised.
Once you have determined what your challenge is about, you need to consider what the most appropriate mechanism for challenge is.
It is also helpful to consider realistically whether you are equipped to maker the challenge yourself or whether you will need any advice or assistance.
What can you do?
• Appeal
• Complain
• Review
• Legal action
Where to start - Summary
1. Identify which part of the process you are unhappy with
2. Identify who is responsible for the part of the process you are unhappy with
3. Identify the relevant legal obligations/powers
4. Identify the appropriate complaints procedure(s)/ legal remedy
5. Identify any time limits
6. Identify sources of advice, assistance and support