How to complain about a care service

There may be times when you want to make a complaint about the services you have received. Making a complaint through the right channels could result in a better outcome for you, and may help improve things for other people, too. Please don't be reluctant to come forward if you feel something is wrong.

Complaints about assessements

If you, or someone you're looking after if you're a carer, wants to complain about a decision made by social services, you can use the statutory complaints system.

If you want to complain about your local authority, you should do so in writing or verbally to the complaints manager within 12 months.

The local authority should acknowledge it has received your complaint within three working days. It will inform you of how long your complaint is likely to take to investigate. The local authority must respond fully within six months, unless a different time period has been discussed and agreed with you.

Each local authority is responsible for arrangements for dealing with complaints, so contact your local authority for a copy of their complaints procedure.

Taking your complaint further

If you are not satisfied with the response you receive from your local authority, you are entitled to ask the independent Local Government Ombudsman (LGO) to investigate. The Ombudsman can investigate complaints about local councils. Further information is available on the LGO website.

In some cases where there is a serious error of law, it may be possible to apply to the High Court for a judicial review of the decision made by the local authority.

The time limit for applying for permission for a judicial review is three months from the date of the decision you want to complain about. This three-month maximum period of time is strictly applied.

This type of legal action can be expensive, unless you qualify for public funding – find out more about legal aid. You will need the help of a solicitor who specialises in community care law. To find a qualified solicitor, visit the Law Society website, or contact the Citizens Advice Bureau.

Complaints about benefit decisions

If you are unhappy about the way your claim for benefits has been processed or the way you have been treated, you may wish to make a complaint.

You would normally need to take the following action if your complaint is about the service from the Department for Work and Pensions (DWP):

First, contact the person who was dealing with your claim or that person's manager. There is no need to wait until there has been a decision on the claim.

If you are not satisfied, you can then ask for the details of the district manager of that benefit office and contact them with your complaint. 

If you are still not satisfied, you can contact the chief executive of the DWP. The district manager will give you the contact details.

If you are still not happy, you can then ask the independent case examiner to look at your complaint, particularly if it involves failure to follow proper procedures, excessive delays, or poor customer service.

You should normally contact the independent case examiner no later than six months after the final response from the DWP is received. The independent case examiner can be reached on 0845 606 0777 (textphone 0151 801 8888).

Complaints about tax credits are dealt with by HM Revenue and Customs, but work in a similar way. Read more about complaining about a tax credit decision.

You can ask your MP to take up the complaint on your behalf at any stage. He or she may agree to refer the matter to the Parliamentary and Health Service Ombudsman. The Ombudsman would investigate your case if they think you may have experienced injustice because of the action or inaction of the DWP.

The DWP has target times to process claims for different benefits. If the claim takes too long to process, you may be entitled to compensation.

For more info go the NHS site. 

Do you have any experience with this? Something you want to share with the rest?

Best,

Gilda