FACTSHEET NO. 21

Community and Residential Care - Complaining About Assessments or Charges

If you are not happy with an assessment decision, or a failure to make a decision 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.

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 F1 - human rights act. 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.

WHERE CAN I GET HELP?

You should seek further advice if you want to challenge a decision about your benefit. You can get help with your appeal at a local advice centre, such as a citizen's advice bureau. You can get more information about this from our factsheet F16, Finding a local advice centre, which is available at www.cara-online.org

Central Africa’s Rights & AIDS (CARA) Society has also published Benefit appeals - A guide to benefit appeals for advisers and disabled people. This guide helps you prepare for an appeal tribunal and will increase your chances of success at the hearing. It takes you through all the stages of the benefit decision-making process from the moment you receive an unsatisfactory decision through to the tribunal hearing.

It is available to have a look at it on our website at www.cara-online.org or by contacting Central Africa’s Rights & AIDS (CARA) Society on Tel: +44(0)20 7254 6415(voice and minicom) - Mob.:+44(0)7956 95 26 45 - Fax: +44(0)872 115 8436 - Email: caraas@hotmail.com

Updated July 2009