Once you have been assessed as having needs, services must be arranged or provided by your local Trust to meet your needs.
Unfortunately, there are times that there may be a delay or a failure in meeting your assessed needs. Below, we help you overcome these problems if they ever arise.
Delay in meeting assessed needs
It is often the case that a Trust will not refuse to provide the service but will operate a waiting list due to financial constraints which could mean a delay in having your needs met.
As noted, a trust must carry out a statutory duty and, where no time limit for doing so is set down in the legislation, the law implies that it should be carried out within a ‘reasonable’ period of time. This allows someone who has been on a waiting list for a considerable amount of time to take court action to force the trust to provide the service.
If you have been placed on a waiting list for a service and you feel that there has been excessive delay, you may make a complaint to the Ombudsman on the grounds of maladministration.
Failure in meeting assessed needs
If these services are not provided, the Trust would have failed in meeting your needs and you have the right to complain.
The Trust must provide these services throughout the year and must arrange or provide services during holiday periods or staff absences.
If you have been assessed as needing special equipment or adaptations, the Trust must ensure that these are installed and that you (or your carer) are trained on how to use them. Only then can it be said that your needs are being properly met. Therefore, you must be provided with the facilities or training to be able to access the services which are required to meet your assessed needs.