The Care Net 2 Information sources/resources

In this blog, we’ll explore how to stay informed about social care and health decisions affecting your group, made by local authorities or the NHS, and how you can challenge these decisions. We’ll also discuss how to obtain individual records for yourself and, with permission, for others.

Firstly, your Local Authority or NHS Trust regularly holds board meetings, which often include the word "wellbeing" in their titles.

These meetings and their details should be displayed on the organisation’s website. However, you can also register to have this information emailed to you, providing advance notice—usually a year or more—of upcoming plans or activities. You may be surprised at how often we're told that consultations are rushed and time is limited, yet authorities have typically been aware of these plans for nearly a year in advance.

Sometimes, the documents provided are comprehensive, covering a wide range of topics that may not all be relevant to you. I tend to skim through and focus on the items that are particularly important or interesting. A good approach is to scan the headings on the agenda to find relevant sections.

I often create a concise version of the key points and share it on our local group’s social care and health direct payments page.

One thing that frequently concerns me is how officers from the authority tend to present a one-sided view to councillors, which often goes unchallenged. They focus on positive aspects, and bring in representatives who will praise the service. In my opinion, councillors are not made aware of the full realities, such as complaints, issues, or the concerns being raised by the public.

If you get the chance, it’s worth attending these meetings. They are open to the public, and there is usually an opportunity to ask questions—either in person or in writing.

If you notice any decisions in the minutes that could affect disabled or elderly people (for instance, potential cuts to services or changes in policy), it’s important to check whether an Equality Impact Assessment (EIA) has been conducted. This is typically presented as a form at the end of the paper, asking whether there is a negative or positive effect on people with disabilities or those of an older age. This is not optional; it is a legal duty, and authorities must actively consider this responsibility throughout all processes and consultations.

Under section 149 of the Public Sector Equality Duty, while not every decision requires an EIA, this depends on factors such as how many people from these communities are affected and the severity of the impact. The assessment may be presented as a report rather than in a specific format, but what’s crucial is that decisions are made with "proper due regard"—in other words, taken seriously. Authorities may justify decisions on the grounds of cost savings, but they must provide councillors with a full picture, including alternative ways to save money. Many of these alternatives remain unexplored by local authority social care and health departments, as I’ve discussed in other blogs.

 https://haloabletec.blogspot.com/2022/02/saving-resources-time-and-money-in.html. 

The Public Sector Equality Duty is further clarified and strengthened by case law, particularly through the Gunning Principles, which outline the following requirements:

Impact assessments must be carried out at an early stage, not after papers have been presented to councillors or boards.

Sufficient information must be provided to enable proper consideration, including exploring alternatives and other methods.

Adequate time must be allowed for people to respond.

Decision-makers must give proper consideration to the findings. Often, reports produced by officers are simply approved by councillors, but has there been thorough discussion and evaluation of the public’s views and comments? Attending meetings often reveals how quickly these decisions are waved through without genuine debate.

This isn’t about apportioning blame. I believe that many officers simply lack the necessary knowledge or understanding of the importance of public involvement. For those officers reading this, I’m sure you’d agree we live in a democracy, but what does that really mean? The word democracy comes from the Greek "demos" meaning "people", and "kratos", meaning "power"—in essence, "people power". If local people don’t have the ability to influence decisions, can we truly say we live in a democratic society?

Local Healthwatch also receives a significant number of complaints and queries. They publish a monthly list of issues that have occurred or are ongoing. This provides a useful overview of areas where many local residents are experiencing difficulties, such as with GP surgeries, hospitals, A&E departments, dentists, and social care.

It’s important to stay informed and pay attention to trends that may signal issues arising in your area. This information can often provide data to support your arguments when engaging with authorities.

I regularly use two tools, both for myself and local groups:

Freedom of Information Requests (FOI): Any enquiry including the words "Freedom of Information" must be responded to by the relevant authority. I’ve included a draft letter below that you can use as needed.

Examples of what I’ve asked include:

What is the maximum and minimum pay for people in your area on Direct Payments?

What is the agency rate claimed for home care services, in pounds?

This has enabled me to present stronger cases to authorities for increasing pay rates. You can also request policies, documents you haven’t seen, or any plans they have. The FOI is a powerful tool and can generally only be refused if the request pertains to private employee information. Even then, rewording or submitting a different request may help you obtain the information.

Subject Access Requests (SAR): For personal records or decisions held about you (unless they can prove the information does not exist in their files), you have the right to request this information under GDPR (commonly referred to as Data Protection). You can access personal records by submitting a Subject Access Request, detailing what you need. Again, this must be complied with within a set number of days, and I’ve provided a draft letter for this purpose as well.

Any mention of FOI or Subject Access Requests in an email should trigger the application process. However, most public organisations will have specific email addresses for these requests, which are often listed on their websites.

If you do not receive the requested information via a Freedom of Information or GDPR Subject Access Request, you can file a complaint with the Information Commissioner’s Office, which is responsible for enforcing such matters.

https://ico.org.uk/

FOI Standard Letter Request

Dear [Authority/Department],

Freedom of Information Request

I am submitting a request under the Freedom of Information Act for the following information:

[State the information required in full].

I would be grateful if you could provide this information via [email or letter].

Should you require any further details related to this request, please do not hesitate to contact me.

I look forward to receiving the information within the statutory time limit of 20 working days.

Yours sincerely,

[Your Name]

Letter for GDPR (Data Protection) Request

Dear [Organisation/Department or Named Person],

Request to Access Personal Data in accordance with Article 15 GDPR (Data Protection)

I am hereby requesting access to my personal data in accordance with Article 15 of the GDPR. This request pertains to the data you are processing or transferring in relation to my personal details, covering the following items:

Between the dates [ ] & [ ]

Specifically: [List any specific items, such as emails, forms, decisions, MDT letters, emails, or request all personal data.]

Please provide this information in the format of [email/written document].

My details are as follows:

Identification: Case Number/Reference Number

Date of Birth:

Address:

Email Address:

I look forward to receiving the requested information within the statutory time limit of one month. Should you require any further information, please do not hesitate to contact me.

Yours sincerely,

[Your Name]

Note: You may request a Subject Access Request on behalf of another person, with their permission.

Finally legaly the local authority have a Monitoring officer in place. Check the authortiy  website for details. The monitoring is repsonbile for making sure the authority follow legal compliance. Any complaints made to them should be investigated.