This factsheet covers what to do if you are not happy with an assessment decision (or a failure to make a decision) made by your local authority/council. It is useful if you have a complaint about:
This factsheet does not cover complaints about decisions on housing benefit and council tax benefit as these are covered by a separate appeal system. For more on this see "Where can I get more information?" below.
There are a number of ways you can complain. You can use:
Each local authority in England, Northern Ireland ,Scotland and Wales has a complaints procedure. Each must publicise its complaints procedure and provide you with information regarding the action you can take if you are unhappy about the assessment or the services to be provided at the time of the care assessment or when you are informed of any charge.
You should always complain to your local authority in the first instant.
Your local councillor or MP may also make representations and enquiries on your behalf at any stage of your complaint though it is probably better to contact them as early as possible. If you don't know the name of your councillor or MP or how to contact them you can find out from your local library or Town Hall. You can also contact the House of Commons Information Office on 0207 219 4272 to find out the name of your MP, including Scottish Parliament and Welsh Assembly MPs, or visit www.upmystreet.com/commons/l/.
Under Section 7D of the Local Authority Social Services Act 1970 the Secretary of State for Health has the power to step in where a local authority fails to comply with its statutory community care duties and has "no reasonable excuse" for this failure. This power has never been used and it is unlikely that it will ever be used except in the most extreme circumstances.
However if someone wrote to the Department of Health alleging that a local authority had failed to comply with its statutory community care duties it is likely that the Department would in turn write to the local authority for an explanation. This might force the local authority to look into the complaint once more.
The ombudsman can investigate your complaint where there has been "maladministration". This can include:
Normally your complaint must have arisen within the previous 12 months and you are expected to have tried every other available remedy, such as using or trying to use the local authority complaints procedure. The ombudsman's complaint form also asks you if you have contacted your local councillor.
You complain to a different ombudsman for each country.
You can find links to these on the British and Irish Ombudsman Association at www.bioa.org.uk.
You can also apply to the courts for a judicial review if you think that a decision was made without properly following the law. If you are successful the court will normally overturn the unlawful decision or action. You will need a solicitor if you want to apply for judicial review.
You may be able to complain on the grounds that a decision contravenes your human rights. For more information about this see Factsheet F1 - human rights act. You will need to seek legal advice.
Where a council has failed to act legally in a way that has affected you as an individual you may be able to obtain legal damages through the courts. You will need to seek legal advice in these cases.
You can find out more information about complaining about assessments or charges in Disability Alliance's Disability Rights Handbook at www.disabilityalliance.org/drh35.htm. This provides information about the different types of residential care, as well as charging for care.
For decisions related to housing benefit or council tax benefit see Factsheet F36 - reconsideration and appeal - the basics and Factsheet F38 - first tier tribunal submissions.
You can obtain copies of our factsheets, or order our publications, by contacting Disability Alliance on 020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.
www.disabilityalliance.org - 3 November 2009.
