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What if I'm unhappy with my assessment?

You can use your local council's complaints system if you are unhappy about any aspect of the council's care, including your assessment.

You can complain if, for example:

  • your local council refuses to assess you and you think it should
  • your local council leaves you waiting a long time to be assessed
  • you are not happy with how the assessment was done
  • you are not happy with what the assessment says you need, or
  • the assessment says you're not eligible for care and you think you should be.

See 'What if I'm unhappy about my care?' for how to complain to your local council.

If you have a problem with an NHS assessment, you can ask the authorities to re-consider their decisions. If a primary care trust did your assessment, you should complain to the trust in the first place, but you could also complain to the local council, if it provides the services.

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What if I'm unhappy about a continuing healthcare assessment?

If your initial assessment finds that your main need is not health-related, you can still ask your primary care trust to reconsider and to give you a full assessment.  If they refuse, you can challenge this using the NHS complaints procedure.

For more about this, see the Department of Health leaflet on NHS continuing healthcare.

If you're unhappy with the care you're offered instead of continuing healthcare, you can complain using the NHS complaints procedure.

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Can I appeal the continuing healthcare decision?

You can object if you're unhappy with the decision of the primary care trust or local health board or with how they reached that decision. 

You can get advice, or help with preparing a complaint, from the Patient Advice and Liaison Service (PALS) (in England) or your local Community Health Council (in Wales).

If you're not satisfied with the trust's or board's response to your complaint, you may have a 'right to a review' by an independent panel of people (an independent review or IR). This is arranged by:

  • your strategic health authority if you are in England, or
  • the local health board if you are in Wales.

If they decide not to hold a panel to review your case, you can challenge this using the NHS complaints procedure.

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What if I'm unhappy with the Independent Review?

If you're unhappy with the IR's findings, you can complain to the Parliamentary and Health Service Ombudsman (in England) or the Public Services Ombudsman (in Wales).

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What if I think the rules on who can get NHS continuing care are unfair?

If you think the eligibility rules themselves are unfair, rather than how the trust or board has applied them, you can take this up through the NHS complaints procedure.

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What you can do now:

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