My Lords, I am pleased that this important issue has been raised. I hope that I can provide the noble Lord, Lord Dubs, with at least a measure of reassurance relating to his concerns. As he has explained, the purpose of Amendment 104ZE is to include in the Bill provision for adults to make an appeal to the First-tier Tribunal if they disagree with the local authority about its decisions relating to matters such as eligibility, financial assessments, care and support plans and other obligations under this Bill. Often the individuals who access the care system are some of the most vulnerable in our society and it can seem daunting to challenge the decision of the local authority. I entirely agree that it is important that such people have the opportunity to make their voice heard if they feel that
the local authority has reached the wrong decision in their case and that their argument is given the fullest consideration before a transparent, fair outcome is reached. The changes which the Bill would bring about will result in many more people being brought into contact with their local authority. This is why it is appropriate that we are now reviewing the current arrangements regarding complaints.
The current complaints arrangements for adult care and support were reformed in 2009 and are set out in regulations. The regulations require the local authority to have a publicised arrangement for the consideration and timely handling of complaints. Local authorities have flexibility in developing their own procedure for dealing with complaints. Each local authority will have a different process, and we appreciate that local variation may result in varying user experiences.
If a complainant is not satisfied with the response from the local authority, they are then able to refer the case to the Local Government Ombudsman, as has been mentioned. The Local Government Ombudsman is independent of the local authority. It can investigate complaints about whether the decision-making process has been conducted appropriately and can make a recommendation to the local authority.
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Having said all that, as indicated in the consultation on implementing funding reform which was published on 18 July, we are considering whether the current arrangements provide an effective means of challenging local authority decisions or whether changes need to be made. We believe that mechanisms should be clear and easy to understand, should promote local resolution and should resolve issues in a timely and effective way. It is important that they win the confidence of the public by being transparent and fair.
While there is a range of approaches to providing redress, we believe that there are great advantages to having a flexible system that works well and efficiently at a local level and that works in a manner that is proportionate to the type of complaint. We also see merit in the idea of independent consideration of appeals as part of the process. However, our initial consideration of the benefits and disadvantages of introducing a tribunal process, as this amendment proposes, is that this would be likely to slow down the process of resolving complaints rather than speed it up and, as the noble Lord, Lord Dubs, acknowledged, add significant costs, or could do so.
As part of our review, we are consulting on processes for providing redress. We are seeking views on current channels for providing such redress and asking for evidence of mechanisms which have worked well in other sectors. We are also asking for views on the advantages and disadvantages of the tribunal system. We will also consider the findings of the Clwyd/ Hart review on complaints. Once we have reviewed the evidence that we have gathered, we will be in a good position to decide whether there is a need to change or add to the existing arrangements. That is a partial reassurance to the noble Lord but I see that he would like to intervene before I conclude.