If you or a loved one has had an assessment of care needs carried out by a local authority, and you are unhappy with the way it was conducted or the outcome, you have a right to appeal or complain.
This could be following a:
Here are some possible reasons you could be dissatisfied after a local authority assessment.
If you want to challenge a local authority decision, you should first complain to the relevant local authority itself. Start by asking if there is a dedicated appeals process for social care decisions. If your local authority has a dedicated appeals process, this will be the quickest way to get your complaint resolved.
If the local authority does not have a dedicated appeals process for social care decisions, you will need to raise a complaint through their standard complaints procedure.
All councils are legally obliged to have a formal complaints procedure. They should publish information to make it clear to users that they are entitled to a review; explain how to request a review; and explain how to make a complaint.
This information should be available on the local authority website and given to you at the time of the assessment.
Follow these pointers to give your complaint the best chance of success.
If you’re not satisfied with the local authority’s response and you believe the fault is down to a service or administrative error, your final option is to take the matter to an ombudsman.
Once the ombudsman has decided whether it can legally deal with your complaint, it will then have up to 12 months to provide you with a resolution.
Contact the appropriate national ombudsman as follows:
If your complaint relates to social care, you might also want to let your local know about your issue. Healthwatch are the independent national champion for people who use health and social care services. They make sure that those running services, and the government, put people at the heart of care.
There is a local Healthwatch in every area of England and, through these teams, the organisation finds out what people want. This then enables them to advocate for services that meet local communities' needs. They also encourage people running services to involve people in making changes to care.