Deprivation of capital

Overview What counts as capital? What counts as deprivation? How does the council decide? Are there any time limits on deprivation of capital? Can someone receiving the capital be held liable for the fees? Challenging council decisions Seeking independent advice Further information

Challenging council decisions

You can challenge a decision by the council not to fund care home fees due to deprivation of capital by using the council’s complaints procedure.

The complaints process will have 2 parts:

• an informal problem-solving stage when every attempt will be made to resolve your complaint
• unresolved complaints will then be investigated by specially designated staff

If you’re not satisfied with the outcome of the complaints procedure, raise your complaint with the Scottish Public Services Ombudsman.

See more on complaints about care home funding decisions

Judicial review

If you think that a decision was made without properly following the law, you can apply to the courts for a judicial review using the help of a solicitor.

See more on legal advice