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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to find out about making a complaint about the care

Customer Question

I want to find out about making a complaint about the care inspectorate of having a judicial review on a decision they have made
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

JACUSTOMER-mgjfh145- :

Hi alex. Can I start by giving you my email address [email protected] I am already a member but couldn't log in so I think this is coming up as if I'm logged in as a guest

JACUSTOMER-mgjfh145- :

I will write to you shortly with details of the query

Alex Watts :

I can tell you about procedure if that would assist?

JACUSTOMER-mgjfh145- :

Hello Alex

JACUSTOMER-mgjfh145- :

Apologies took a while to come back. The details of the case, briefly, are that we are in discussion with the care inspectorate on a report prepared on a care home. inaccuracies have been discussed with them yet it is not being fully reflect in the report. i understand we cannot complain about grades awarded for a care home however we are questioning why when they have been informed of the errors they are not accepting that these were the reason the home was regraded and although are withdrawing some the statements are not now looking at why they regraded the home.

JACUSTOMER-mgjfh145- :

yes knowing the procedure would assist - my query is how to legally challenge the methodology, the erroneous recording, the inaccuracy in verbal and written feedback and lack of evidence they have produced in reaching a decision. when the home was downgraded we were told it was because they had uncovered some issues regarding care. when we corrected 3 out of the 4 points they took it on board but left the grade the same. the evidence has been looked at by an external social work consultant who agrees inconsistencies so i'd like to know how to move forward to legally address this

Alex Watts :

Ok the procedure is here:

Alex Watts :

This is quite a long document.

Alex Watts :

If they reject your findings you could consider a Judicial Review which is as I am sure you know a Judge looks at the process they have followed and decides whether it legal and the decision they have made is reasonable.

Alex Watts :

I am sure the legality wont be questioned as they clearly how powers conferred by Statute.

Alex Watts :

Therefore the Court will only be concerned about the decision they have made and the test is this: is the decision one which no reasonable Tribunal (or body) could have made. Did they take into account irrelevant matters or did they fail to take into account matters which they ought to have done.

Alex Watts :

The Court can affirm the decision and dismiss the application or refer the matter back for further consideration.

Alex Watts :

But the document on complaints is quite detailed and you should read it.

Alex Watts :

Can I clarify anything for you about this today please? Alex

JACUSTOMER-mgjfh145- :

if the document is lengthy i'd like to have the time to look over it briefly and and revert to you

Alex Watts : Please
JACUSTOMER-mgjfh145- :

hello

JACUSTOMER-mgjfh145- :

i have looked at this document previously.

JACUSTOMER-mgjfh145- :

my query is how can we pursue the CI legally on the basis of poor methodology in their reporting and to challenge the care inspector in this as well as question how he can give verbal feedback different to what he eventually wrote in the report

JACUSTOMER-mgjfh145- :

hi, i have not received a response to my last query on 10 may yet. did you see this?

JACUSTOMER-mgjfh145- :

sorry, too late, i meant on the 5 oct