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?”
- 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.