Procedural and substantive grounds of CHC appeal
Appeals are stronger when the grounds are sorted into the right categories. A point about whether the conclusion was correct calls for a different response from a point about whether th…
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Appeals
Browse guidance and practitioner perspectives on Appeals. The articles below explain the relevant questions, evidence and practical considerations; check each article's date, sources and jurisdiction.
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Deputy authority and CHC appeals
For a property and affairs deputy paying care fees, NHS Continuing Healthcare is a question about whether the protected party should be paying at all. That places it squarely within the…
Read moreCommon reasons CHC appeals do not succeed
An unsuccessful CHC review can reflect the eligibility evidence, how the test was applied or issues in the process. Clear presentation helps reviewers understand a concern, but cannot m…
Read moreEHCP appeals: a guide to your options
The First-tier Tribunal (Special Educational Needs and Disability) can consider specified local-authority EHCP decisions in England. These include refusals to assess or issue a plan and…
Read moreEHCP mediation: advice, certificates and choices
Mediation is a way to try to resolve an EHCP dispute with an independent mediator. For most SEND appeals, you must first obtain mediation advice and a certificate, but you can choose no…
Read moreIndependent social-work evidence for EHCP appeals
An independent social-work assessment can help an EHCP appeal where there is a defined gap concerning social-care needs, family context, daily functioning or relevant provision. Its val…
Read moreRe ACC and CHC Appeals: What Professional Deputies Need to Know Before Challenging a Funding Decision
Re ACC & Others [2020] EWCOP 9 is now essential reading for property and affairs deputies. It changed the way deputies must think about the limits of their authority, particularly where…
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