Yes, but only if you have gone through s10 Carer’s Assessment process, and been found eligible for support, and yet refused the funding for the rational cost of meeting your support needs. Putting this another way, they are the decision makers as to what they feel they must support or otherwise, but they are bound by public law principles to follow the statutory process and arrive at rational, defensible and transparent reasons, and provide a sufficient budget to do you some good. If your position is that they’re not doing enough, or haven’t acknowledge your situation as giving rise to eligibility for support, then those positions are also challengeable, using the same set of principles. You should read the Care and Support Guidance Chapters 6 on identification of needs and 10-13 on care planning and think laterally to s10 of the Care Act (carers’ assessment principles) and then consider making a referral.
