Challenging decisions and complaints

You may wish to raise concerns about how your carer's assessment was carried out.  You may wish to challenge decisions about what care will be provided, including care put in place after a patient is discharged from hospital.  You may wish to challenge the amount that is being charged for  services.  

Whatever your situation it is important to know your rights and have access to advice.  Advice centres like the Citizens Advice Bureau or a disability organisation can help you make a complaint or give you details of lawyers able to advise on community care law.

Carers who have been through making a complaint say it is always helpful to make a note of telephone calls.  Write down who you spoke to, the time and a brief note about what was said.

Under the Data Protection Act 1998:

• You can ask social services for a copy of your file.
• If you are legally able to act on behalf of the person you are caring for, you can also ask for their file.
• You should receive this information within 40 days, but the local authority can charge.

Every local authority is required to have a complaints procedure. The procedure has three stages.   It is important to note that since September 1st 2006 there has been a requirement that in most circumstances a complaint should  be made within one year of the event complained about.

Stage 1 Informal stage

Stage one allows you to raise your concerns informally and gives social services an opportunity to try and resolve the problem.

To set the process in motion, put your complaint in writing and keep a copy. Most complaints should be responded to within 10 working days; in some cases a 10 day extension will be allowed but the maximum response time is 20 working days. 

If you are still not happy, the local authority should explain the next stage in the complaints procedure. If you wish to take your complaint further you will need to put it in writing.

Stage 2 Formal stage

Use stage two if your complaint cannot be dealt with to your satisfaction informally, or you chose not to use the informal stage. The process is as follows:

• Put your complaint in writing within 20 working days
• Social services have 25 working days to complete an investigation
• If there is a delay, social services must write to you giving a reason and, with agreement, can have an extension of up to 65 working days to inform you of the outcome of the investigation
• If you are complaining on behalf of the person you care for, he or she should also receive a written outcome, unless social services consider they are not able to understand or it would cause them distress.

Stage 3 Review stage

If you are not satisfied with the stage two response, you can ask to have your complaint referred to a panel for review. The process is as follows:

• You must write asking for a panel review within 20 working days of receipt of the Stage 2 decision.
• The panel must meet to re-examine the council's decision within 30 working days of receiving your request
• You should be given notice of the meeting and should try to attend if you can. The panel will find it easier to understand your situation if they can ask you questions themselves. You can bring along one person, such as an advice worker or advocate, who can speak on your behalf if you wish.  
• The panel must send its written recommendations (and reasons), to social services, you and any one else sufficiently involved within 5 working days of the hearing. 
• Social services have 15 working days to explain the actions it proposes to take in respone to the recommendations made by the panel. Their written response should be sent to everyone who received a copy of the panel's recommendations.

Monitoring Officer

Every local authority must have its own Monitoring Officer who reports on any matter that might be illegal or lead to maladministration or injustice by the local authority.

Their decision must first be considered by the local authority before any action is taken. If you are still not satisfied you can write to the local authority's Monitoring Officer asking them to review the social services' policy, saying what the decision or proposal was and why you think it is unlawful or could be maladministration.

Local Government Ombudsman

If you have gone through social services' own complaints procedures and are still not satisfied you can complain to the Local Government Ombudsman. 

The Ombudsman can investigate complaints against local authorities, including social services. S/he will only do so where there has been 'maladministration' - such as unreasonable delay, or failure to follow proper procedures. You can complain to the Ombudsman up to 12 months after the incident.

Judicial review

Where social services appear to have acted unlawfully in reaching a decision, you can apply to the High Court, asking a judge to review the decision.  It is important to realise that you may need to act promptly (usually within three months) so should seek legal advice as quickly as you can.   Paying privately for such cases is very expensive, but there is help (public funding)  with the costs for people on low incomes.

A judicial review may be appropriate where social services have refused to carry out an assessment or reach a decision, particularly if services are required urgently.