FACTSHEET No. 42

Complaining against Local Authority Decisions

This factsheet is a basic introduction to complaining about local authority decisions.

1. Introduction

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:

  • the behaviour of local authority staff
  • community/social care assessments
  • direct payments assessments
  • disabled facilities grants assessments
  • housing grants assessments
  • personalisation and individual budgets assessments
  • residential care assessments

This factsheet does not cover complaints about decisions on housing benefit and council tax benefit as these are covered by a separate appeal system. If you want to find out more see the Where can I get more help or information? section below.

2. What you can do

There are a number of ways you can complain. You can use:

Local authority complaints procedure

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

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/.

Default power of the Secretary of State

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

The ombudsman can investigate your complaint where there has been "maladministration". This can include:

  • unreasonable delay
  • bias or unfairness
  • failure to follow proper procedures
  • poor standards of decision-making
  • incompetence.

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.

Judicial Review

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. Unity Law may be able to help. Visit: www.unity-law.co.uk  or call Unity Law on 0114 361 0000.

Human Rights Law

You may be able to complain on the grounds that a decision contravenes your human rights. For more information about this see Factsheet F17 - Human Rights Act 1998. You will need to seek legal advice. 

Actions for damages

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.

3. Where can I get more help or information?

If you are being treated less favourably because of your disability, Unity Law want to help. Contact Unity Law at www.unity-law.co.uk  or on 0114 361 0000.

For decisions related to housing benefit or council tax benefit see:

You can find out more information about complaining on our website at www.cara-online.org. Much of this information is contained in factsheets available at www.cara-online.org.

You can also obtain copies of these factsheets/publications by contacting CeARA on +44 (0) 844 478 0015 -Mob: +44(0) 795 695 2645 -Fax: +44(0) 872 115 8436 -Email: info@cara-online.org

Updated 11 April 2011