Introduction to Disability Assessment by Social Services - Social Services Programs

Each Local Authority has a 'designated officer' who receives all complaints. In the first instance, you can make either a verbal or a written complaint, although it is advisable to put the complaint in writing or keep a note of your complaint if you telephone. An informal complaint can be made to any officer at the Social Services Department and they will try and sort out the problem. If you prefer, or if the problem is not resolved, you can make a formal complaint. Every Social Services Department should have a leaflet outlining the Complaints Procedure, so you may wish to obtain one.

Once a formal complaint has been made, Social Services have 28 days to give a written response to the complaint. You can request a meeting to explain your complaint, but Social Services do not have to agree to this meeting. If you are still not satisfied, you can request a review hearing before a panel of 3 people. You have 28 days from receiving the Local Authority's response to request a review.

If you are not happy with the decision of the review panel, there are various other options, such as taking the issue up with a local councillor or MP (or Assembly Member if you live in Wales) or complaining to the respective Local Government Ombudsman:

England:

21 Queen Anne's Gate, London SW1H 9BU Tel. (020) 7915 3210 Lo-call Tel. 0845 602 1983 Fax. (020) 7233 0396 Website: http://www.lgo.org.uk/

Wales:

Derwen House, Court Road, Bridgend CF31 1BN Tel. (01656) 661325 Fax. (01656) 658317 e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Website: http://www.ombudsman-wales.org/

The Ombudsman can investigate complaints against principal councils (not town, parish or community councils) and certain other bodies. By law, some kinds of complaint cannot be considered. Examples are personnel complaints and complaints about the internal running of schools.

Judicial Review

If your complaint is very urgent and you cannot wait for the Complaints Procedure to resolve the matter, you can apply to the courts for a Judicial Review. Judicial Review is a procedure where the High Court looks at the way a decision was reached to see if this was legally correct. You can also apply for Judicial Review if you have exhausted the Complaints Procedure and are still unhappy with the outcome. To do this you will need legal assistance. If you have a low income you may qualify for the Legal Help Scheme. Also, some solicitors offer a free first interview.

Before seeking judicial review it may be worth complaining to the Local Authority Monitoring Officer. The Monitoring Officer (usually the Chief Executive or Borough Solicitor) is responsible for ensuring that decisions are lawful and procedures correctly followed.

Some Frequently Asked Questions

My Social Worker has said I should put my disabled child on a register of children with disabilities. What does this mean?

Social Services have an obligation to keep a register of children with disabilities. This is not the same as the Child Protection register and does not suggest in any way that your child is at risk. You do not have to agree to your child's name being added to the register and it does not affect entitlement to services. A register enables Social Services Departments to try and plan services for disabled children more effectively in their area. It is sometimes used as a way of getting relevant information to families of children with disabilities.

My daughter is disabled and I'm wondering if I can get a Blue Badge?

The Blue Badge Scheme (formerly Orange) is a UK arrangement of on-street parking concessions for disabled people. The badge can also be used in many European countries. If you regularly drive your disabled child and s/he has severe walking difficulties, is registered blind, has severe upper limb disabilities or receives the higher rate component of Disability Living Allowance, you may be eligible. You should apply to your local Social Services Department.

Can my Social Worker advise me on which benefits my family are entitled to?

Yes, Social Workers do have a duty to provide advice and guidance. They should explain to you what benefits are available and ensure that you are receiving the benefits to which you are entitled. However, most Social Workers are not benefits experts and they may rely on the Local Authority's Welfare Rights Service or similar advice agency to help you. They may also direct you to a voluntary organisation, such as the Family Fund, for further help.

Do I have a right to see my child's records?

Under the Data Protection Act 1998 professionals and agencies have a duty not to disclose information about disabled children and their families without the consent of the subject. This applies to children as well as adults, provided that if they are under 16 'they have the ability to understand the choices and their consequences'. Even though there is a duty not to disclose the public body concerned (eg Health or Local Authority) still retain a discretion to allow access to the information. In most cases parents should have no difficulty in seeing their child's records. Guidance also states that advocates should be given access to relevant information concerning the person they're representing.