Template letter to a Monitoring Officer, complete sections in brackets
(Date)
Our Reference: (Name)
To: (Organisation (the name of the relevant council))
For the particular attention of: (Name), Monitoring Officer (these officer’s names should be in the public domain as it is a statutory paid office which is obliged to be filled)
Dear (Name)
Re: Flagging of a serious governance issue – (summary of issue e.g. unlawful refusal of an assessment or review; unconscionable delay in meeting eligible needs; unlawful and/or unexplained refusal of a Direct Payment; discriminatory or otherwise unlawful charging arrangements;) – which triggers the Monitoring Officer’s duty to inform the Members, unless resolved internally.
I am writing about (brief explanation of the issue, e.g. I have not had an assessment of needs despite repeated referrals to the local authority between Date and Date, nor any explanation of why I should not have one.)
I am writing to you as Monitoring Officer to urgently seek your intervention to bring about resolution as this matter has remained unresolved since (Date); it is a breach of (e.g. the Care Act 2014/ the Care and Support Guidance without any or any sufficient reason / the Regulations / public law principles regarding transparency, sufficiency and rationality), and triggers your duty to inform Members unless you can bring about a change of position internally.
I am not putting this matter forward as a complaint, because the complaint system is not an adequate route for the swift resolution of what is potentially public law illegality. (For advocates: I do not have the consent of / the authority to make a complaint from the individual in question.)
Below, I set out the events that led me to believe there is illegality, the law that I consider has been breached, the impact of this and the action that I consider would resolve this matter.
The events requiring me to write to you are as follows:
- (Events in chronological order that are relevant to the issue, with detail and written evidence if available
- For example, I rang the Council on Date and spoke to Name
- For example, I informed Name on Date by email that ‘….’)
The law and statutory guidance relating to this are:
- (Sections from law or guidance with an explanation for how this was breached….
- For example: Care Act Guidance 6.13 says that ‘Local authorities must undertake an assessment for any adult with an appearance of need for care and support, regardless of whether or not the local authority thinks the individual has eligible needs or of their financial situation.’ I was told on Date by Name that I could not have an assessment because I had savings of more than £23,250.)
The impact of the local authority’s actions is:
- (Any evidenced impacts on wellbeing – personal dignity, physical, mental, emotional, financial, relationships, risk management, control, participation.
- For example, whilst waiting for an assessment of needs and advice on care and support, I have been unable to prepare hot meals and my physical health has deteriorated.
- Any evidenced impacts on human rights – right to life, respect for private and family life, protection from discrimination.
- For example, whilst waiting for an assessment of needs and advice on care and support, I have been unable to leave hospital and have therefore had no private or family life.)
I am, therefore, asking for you to:
- Urgently review the decision to (set out what needs to be reviewed) and follows due process in this).
- Ensure that the local authority (highlight actions needed to follow the law, e.g. undertakes a needs assessment and provides a written eligibility determination, information and advice including on prevention, and discusses with me the options for meeting identified needs).
I look forward to hearing from you within the next 14 days (or provide shorter timescale if more urgent). I would expect – consistently with the discharge of all public functions – brief reasons for your decision.
If it is not possible to resolve this matter via your role, as set out in the 1989 Local Government and Housing Act, in this regard, then I will need to take advice regarding public law proceedings in the Administrative Court and seek representation for the purposes of a Pre-Action Protocol letter to the council. I am hopeful that use of this alternative route to dispute resolution will be welcomed by you, and that it will mean that the council’s ASC team is given the opportunity to take advice as to its stance, as a result of the requested steer from yourself.
Yours faithfully,