Care Bill [HL]

to be moved
in committee

[Supplementary to the Sixth Marshalled List]

After Clause 66



Insert the following new Clause—

“Access to appeals for care decisions

(1)   In this section “the Tribunal” means the first tier Tribunal.

(2)   Where a local authority—

(a)   makes a decision under section 13(1) that some or all of an adults
needs meet the eligibility criteria, or none of their needs meet the
eligibility criteria,

(b)   exercises its power to charge for meeting needs under section 14,

(c)   completes a financial assessment under section 17,

(d)   makes a determination under section 18 or section 19 that it must or
may provide services to meet the adults care and support needs,

(e)   makes a determination under section 20 that it must or may provide
services to meet a carers needs for support,

(f)   has prepared or reviewed a care and support plan, or a care plan
under section 25 or section 27,

(g)   has prepared a personal budget under section 26 or section 28, or a
care account under section 29,

(h)   the outcome of an inquiry under section 41,

an application may be made to the tribunal within the relevant period.

(3)   The relevant period shall be prescribed by the Secretary of State in

(4)   An application may be made by the relevant service user or carer who is the
subject of the relevant decision listed in subsection (2) above.

(5)   An application may be made by any other person with leave of the tribunal.

(6)   The powers of the Tribunal are to—

(a)   dismiss the appeal,

(b)   allow the appeal and quash the decision appealed against, and

(c)   remit the case to the local authority to dispose of in accordance with
the directions of the tribunal.

(7)   The tribunal shall have powers to order costs as it see fit.

(8)   The Secretary of State must make regulations concerning the process and
procedures of the Tribunal.

(9)   In making regulations under subsection (8) the Secretary of State must seek
to ensure adequate service user and carer representation on the tribunal.”

Prepared 18th July 2013