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Last updated:
20/02/2024

How can I deal with problems about charges?

  1. What is residential care?
  2. Will I have to pay for residential care?
  3. What is capital and how will the local authority assess this?
  4. What is the most I will have to pay?
  5. What are top-up fees?
  6. What are Deferred Payment Agreements (DPA)?
  7. Free care for people who have a mental illness
  8. Free personal care for people over 65
  9. What if I cannot afford the charges?
  10. How can I deal with problems about charges?
  11. Next steps

You may have problems around the local authority charging you and you have the choice of whether to deal with these problems informally or formally. Your Council should make sure you know how to appeal their decisions or complain if you want to.

You may have problems around the local authority charging you and you have the choice of whether to deal with these problems informally or formally.

Informal options: It is best to try and deal with the problem informally first. You can talk about your concerns with the professional who is in charge of your care plan. If you do not have a care plan, you should contact the person who did the assessment and you can ask them to explain their decision or discuss your concerns.

If you speak to someone keep a note of who you spoke to, when you spoke to them and what you discussed.

Formal options: your two formal options are complaints and legal action.

If you want to complain, you have to use the local authority’s (LA) complaints procedure – you can find out more information about ‘Complaints’ from Change Mental Health in Scotland: 0808 8010 515, or contact the Office of the Scottish Public Ombudsman.

For serious concerns about the care you have received in a care home, you can contact the Care Inspectorate or for complaints about care provided to you because you have a mental illness, contact the Mental Welfare Commission.

Legal action: you should be able to deal with most problems informally or through the complaints procedure. However, if you feel that they are not following the law, you could get legal advice and you would need to speak to a community care solicitor.

You may get advice and representation depending on your situation – you may be entitled to legal aid, but there are rules around this. You can contact the following agencies to find out more about how to find legal advice: Legal Services Agency or the Law Society for Scotland.

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Within this subject

  1. What is residential care?
  2. Will I have to pay for residential care?
  3. What is capital and how will the local authority assess this?
  4. What is the most I will have to pay?
  5. What are top-up fees?
  6. What are Deferred Payment Agreements (DPA)?
  7. Free care for people who have a mental illness
  8. Free personal care for people over 65
  9. What if I cannot afford the charges?
  10. How can I deal with problems about charges?
  11. Next steps
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