Response to Department of Health consultation: The Care Act 2014

Consultation on draft regulations and guidance to implement the cap on care costs and policy proposals for a new appeals system for care and support.

March 2015

The Commission's response focuses on the equality and human rights implications of the government's proposals for a new appeals system for challenging decisions on care and support taken by local authorities under Part 1 of the Care Act 2014. We welcome the government's principles for the proposed complaints system, in particular the principles of fairness, equality and accessibility. We recommend that the appeals policy should highlight the duty of local authorities under the Equality Act 2010 to make reasonable adjustments for disabled people, which includes taking steps to ensure that information is provided in an accessible format. We recommend that the appeals policy should highlight that provision of independent advocacy to enable access to and involvement in the appeal process may be a reasonable adjustment required under the Equality Act 2010 and may be required by Article 6 of the European Convention on Human Rights, depending on the facts of the particular case and the circumstances of the particular individual.

Download the full consultation response

Last Updated: 02 Apr 2015