New regulation 10A

4.  After regulation 10, insert—

Review of local authority decision

10A.(1) Where a local authority has decided that a person (“the applicant”) is not a disabled person of a description specified in regulation 4, an application for review of that decision may be made by—

(a)the applicant; or

(b)any person appearing to the local authority to be an appropriate representative of the applicant.

(2) An application for review must—

(a)be made in writing to the local authority;

(b)be made within 28 days of notification to the applicant of the authority’s decision; and

(c)set out the reasons for the application.

(3) On receipt of an application for review, a local authority is to arrange for its decision to be reviewed by a person who was not, or persons who were not, involved in taking that decision.

(4) A local authority must—

(a)provide the person who made the application with written notification of the outcome of the review; and

(b)endeavour to do so within 28 days of receipt of the application.

(5) Where it appears to the local authority that it will not be possible to provide the notification within the period specified in paragraph (4)(b), it must intimate this (and the reasons for the delay) in writing to the person who made the application for review..