Challenging Social Care Decisions in Scotland: A Legal Guide


The aim of this guide is to help explain when decisions made about social care can be challenged using the law; and how to go about doing it. The guide attempts to answer the simple questions: “is there a legal duty to provide social care; and is there a legal route for service users to enforce that duty?”

The guide:

  • Introduces key legal concepts.
  • Discusses the legal definition of social care and whether the law gives a legal right to social care.
  • Describes the way in which decisions of public authorities, including local authorities, can be challenged in the courts.
  • Outlines where social care decisions relating to individuals might be open to challenge.
  • Highlights the relevant parts of human rights law, showing how these could apply to social care decisions.
  • Looks at how other, more general, decisions relating to social care could be challenged and shows how the Equality Act 2010 might be relevant in these challenges.

Click here to download Challenging Social Care Decisions in Scotland – A Legal Guide (PDF) by Tim Haddow (Advocate), published by MECOPP.