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Children's Handbook Scotland | 2022/23

6. Challenging local authority decisions

• Decisions you can challenge
• How to appeal
• The appeal process
• The decision
• Withdrawing your appeal
• Further appeals

Decisions you can challenge

You can challenge the level and nature of the support the local authority gives you. This includes the level of financial help you get. You can also challenge the local authority’s decision if you are a care leaver aged 19 or over and the local authority decides not to provide you with with advice, guidance and assistance.1Reg 16(1) SAYPLC(S) Regs This challenge is called an ‘appeal’.

 

1     Reg 16(1) SAYPLC(S) Regs »

How to appeal

• The appeal process
• The decision
• Withdrawing your appeal
• Further appeals

You can either appeal in writing or tell the local authority (eg, by phone or in person) that you want to appeal. It is usually a good idea to put your appeal in writing to make sure all the issues you want to raise are included. In any case, if you make your appeal orally, the local authority must immediately make a written record of the details of your appeal and send it to you, giving you the opportunity to comment on it. This is your chance to add any further details that you think are relevant. The written record must be amended to reflect your comments.1Reg 17(2)-(5) SAYPLC(S) Regs You may want to get help with your appeal. The organisation Who Cares? Scotland may be able to help you (see Appendix 1).

 

1     Reg 17(2)-(5) SAYPLC(S) Regs »

The appeal process

The local authority should inform a nominated officer of the details of your appeal.1Reg 18(1)(a) SAYPLC(S) Regs The nominated officer is a person appointed by the local authority to assist with the appeals process. The local authority must try to resolve the appeal informally. This means it should look again at your case and at the issues you have raised in your appeal. The time limit for this reconsideration is five working days from the date the appeal is received. This can be extended by agreement between you and the local authority.2Reg 18(1)(b) and (2) SAYPLC(S) Regs If, after this reconsideration, the appeal remains unresolved, the local authority must notify the nominated officer.3Reg 18(1)(c) SAYPLC(S) Regs The appeal will then be considered formally.

The appeal is heard by:4Reg 19(2) SAYPLC(S) Regs

•a senior officer of the local authority who has not been involved in your case and who is more senior than the officer who made the decision; and
•an ‘independent person’ appointed by the local authority.

The independent person takes part in the discussion, but the decision is made by the senior officer alone.

The appeal is heard at a meeting, to which you should be invited. You can take another person to the meeting for support or to speak on your behalf.

 

1     Reg 18(1)(a) SAYPLC(S) Regs »

2     Reg 18(1)(b) and (2) SAYPLC(S) Regs »

3     Reg 18(1)(c) SAYPLC(S) Regs »

4     Reg 19(2) SAYPLC(S) Regs »

The decision

The decision must be made within 10 working days of the date the nominated officer is told it has not been informally resolved.1Reg 19(8) SAYPLC(S) Regs The local authority has a further two working days to notify you of the decision.2Reg 20 SAYPLC(S) Regs

 

1     Reg 19(8) SAYPLC(S) Regs »

2     Reg 20 SAYPLC(S) Regs »

Withdrawing your appeal

You can withdraw your appeal at any time during the process. You must do this by writing to the local authority.

Further appeals

There is no further right of appeal after this process, although you can use the local authority’s complaints process if you are still unhappy with the outcome. You can also consider making a complaint to your MSP or MP, and/or to the Scottish Public Services Ombudsman (see Appendix 1). Who Cares? Scotland may be able to help you with this kind of complaint (see Appendix 1).

 

It is also possible to challenge a local authority decision by judicial review. This is a legal remedy, generally only available after you have exhausted all other appeal routes (see Chapter 2).