Appeals or complaints

If you are concerned about the charges you have been asked to pay for a social care service, you can request an appeal.

You are able to appeal your non-residential social care charges, if you feel that the charge will put you into financial hardship or at risk of going into debt.

With any appeal, we suggest you get independent advice.
 

Requesting an appeal

To make an appeal please email awchargingappeals@eastlothian.gov.uk or phone 01620 827755 providing your name and address.

You will be sent a copy of the appeals form to complete, or you can download the Non-residential Social Care Charges Appeal Form here.


Appeals process

  • The Appeal Panel meets on the first Wednesday of the each month, and considers appeals for all services including flat rate and means tested charges.
  • To be considered at the meeting, the appeal form and any supporting documentation must be received at least a week prior to the meeting date.
  • Appeals paperwork should be sent to awchargingappeals@eastlothian.gov.uk or posted to Social Care Charging Appeals Panel, ELHSCP, John Muir House, Brewery Park, Haddington, EH41 3HA.
  • You can ask your Social Worker or Community Care Worker to support you with your Appeal or ask an Independent Advocate.
     

At the Appeals Panel Meeting 

  • The Panel will review your circumstances and based on the East Lothian Financial Assessment will make a decision as to whether you are at risk of financial hardship if you are charged for your services.  You may have additional expenses because of your needs and when we take these into account you may no longer be eligible to pay towards your services.
  • While your appeal is being heard, your bills will be put on hold.
  • It may take several meetings to come to a decision depending on the amount of information that is required and the complexity of the case.
  • You will be kept informed of the process and progress of your appeal.
     

Appeals Panel decisions

The Appeals Panel may decide to: 

  • reduce the amount you are charged
  • remove the charge for a set period of time
  • decide you are able to pay for your services, but the risk of removing your service(s) due to non- payment is too high, and therefore waive your charges for an agreed period of time.

The Appeals Panel will write to you within 14 days to let you know the outcome of the meeting. 

Please note, any appeal may be subject to a review as part of the annual charging reassessment process. 


If you are dissatisfied with the Appeal Panel outcome 

Anyone who remains dissatisfied with the way the appeal decision has been reached will be entitled to pursue their complaint through the Council’s Complaints Handling Procedure (CHP).

Complaints Handling Procedure

  • The Appeals Panel is considered to represent stage 1 in the Council's Complaints Handling Procedure.
  • If the representative person or their representative is dissatisfied with the handling of their appeal, then a complaint can be raised with the Customer Feedback Team as a Stage 2 complaint.
  • Please note the Complaints Handling Procedure allows you to complain about how the appeal was handled.  It is not the opportunity to seek a different outcome to the appeal.

You can raise a complaint with the Council's Customer Feedback Team by: