Challenging a council care decision: reviews, complaints and the Ombudsman

Urgent? If someone is in danger or very unwell, call 999. For urgent medical help, call NHS 111 or contact your GP. If you think an adult is being abused or neglected, tell the council's adult social care team straight away. Do not wait for a complaint to finish. This page gives general information, not personal advice.

Councils make many decisions about care. They decide whether you have eligible needs, what goes in your care and support plan, how big your personal budget is, and how much you pay. Most of the time this goes well. But sometimes a decision feels wrong, or things take far too long. This page explains, step by step, how to challenge a decision about adult social care. It is written for England.

There is no formal appeal system for Care Act decisions in England. The law allows for one, but that part has never been brought into force (Care and support statutory guidance, 17.73). Instead, the main routes are: ask the council to look again, use the council's complaints process, then go to the Ombudsman.

The steps at a glance

1. Ask the council to look again. Talk to the social worker or their manager, and ask for a review of the assessment or plan.
2. Make a formal complaint. Use the council's complaints process. Say clearly what went wrong and what you want.
3. Get help if you need it. You may have a right to a free independent advocate. Free advice charities can help too.
4. Go to the Ombudsman. If the council's answer does not put things right, or it does not reply within about 16 weeks.
5. Get legal advice if the problem is serious or urgent. A court challenge has very short time limits.

You can do more than one of these at the same time. For example, you can ask for a review and make a complaint.

Step 1: Ask the council to look again

Many problems can be sorted out quickly by talking. Phone or email the social worker. If that does not help, ask to speak to their manager. Ask the council to explain its decision, and to put it in writing.

Check you have the paperwork

• After an assessment, the council must give you a written record of it (guidance 6.98).
• If the council is meeting your needs, it must give you a copy of your care and support plan (guidance 10.87).
• Read them carefully. Check that every need is written down. A budget can only be right if all your needs are counted.

Ask for a review

• The council must review your care and support plan if you make a reasonable request. Someone can ask on your behalf (Care Act 2014, section 27).
• Even a relative or neighbour can ask, for example if someone's health has got worse (guidance 13.22).
• In most cases the council is expected to do the review. It can say no in some cases, for example if it is reasonably satisfied the plan is still enough (guidance 13.23). If it says no, ask for the reason in writing.
• A review must not be used just to cut someone's personal budget for no good reason (guidance 13.4).

Our guide to care and support plans explains reviews in more detail.

If the money does not seem enough

Your personal budget must always be enough to meet the care and support needs that the council has a duty to meet (guidance 11.10). If no agency or carer will do the work for the money offered, keep a note of who you asked and what they said. Our direct payments and personal budgets guide has steps and a short letter for this.

Do not feel pushed

Stay calm and polite, and keep to the facts. You do not have to agree to anything on the spot, even if a manager presses you. It is fine to say, "Please put that in writing, and give me time to think about it." If you disagree with a plan, the council should explain why, and you must not be left without support while the dispute is sorted out (guidance 10.86).

Step 2: Make a formal complaint to the council

If talking does not fix things, make a formal complaint. Anyone who is unhappy with a council decision about care can complain, and the council must deal with it under the complaints rules (guidance 3.55). It is free.

Who can complain

• The person who gets care, or who is affected by the council's decision.
• Someone acting for them, for example if they have asked you to, or they cannot complain themselves because of illness or because they lack mental capacity. You can also complain for someone who has died (Complaints Regulations 2009, regulation 5).

Time limit

You should complain within 12 months of the problem happening, or of when you first found out about it. The council can still look at a later complaint if you had a good reason for the delay and it can still investigate fairly (regulation 12). It is best to complain as soon as you can, while everyone remembers what happened.

What the council must do

• You can complain by phone, in writing or by email. If you complain by phone, the council must write it down and give you a copy (regulation 13).
• It must acknowledge your complaint within 3 working days, and offer to talk with you about how it will handle it and how long it will take (regulation 13).
• It must look into your complaint and keep you updated. Then it must send you a written reply. This must explain what it found, what it will do, and tell you that you can go to the Ombudsman (regulation 14).
• If it has not replied within 6 months (or a longer time you agreed), it must write to explain why (regulation 14).
• The council must also help you understand its complaints process, or tell you where to get help (guidance 3.55).

Complaints about how much you are charged for care also go through this process (guidance 8.69). See our financial assessment guide.

Tips for a strong complaint

These tips come from Age UK's factsheet on complaining about social care (PDF).

• Write "Formal complaint" at the top, so it is dealt with under the complaints rules.
• Say what went wrong, with dates and names if you have them.
• Say how it has affected you or the person you care for.
• Say what you want to happen. For example, a new assessment, more hours of care, an apology, or a decision by a certain date.
• Keep it short and polite. Add copies of letters, emails or the assessment.
• Keep a copy of everything, and a note of every phone call.

A short complaint letter you can copy

Fill in the parts in [square brackets]. Send it to the council's complaints team. You can find the address on your council's website, or use our find your council tool. There is also a downloadable version on our free letters page.

Step 3: Get free help

An independent advocate

The council must arrange a free, independent advocate if both of these apply (Care Act 2014, section 67; guidance 7.4):

• the person would have substantial difficulty taking part in their assessment, care planning or review. For example, understanding or remembering information, weighing it up, or saying what they want; and
• there is no suitable family member or friend to support them.

An advocate can help the person understand what is happening and say what they want. If the person cannot challenge a decision themselves, the advocate must challenge a decision they think is wrong (guidance 7.51). Ask the council who provides advocacy in your area.

Free advice

• Age UK Advice Line: 0800 678 1602. Age UK can advise on adult social care and complaints (Age UK: problems with care).
• Citizens Advice Adviceline: 0800 144 8848 (Citizens Advice: contact us).
• Citizens Advice lists other free organisations that can help with a complaint about social care (Citizens Advice: get advice about health and social care services).
• Carers UK Helpline, if you are a carer: 0808 808 7777 (Carers UK: helpline).

Step 4: Go to the Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) looks at complaints about councils and adult social care. It is free and independent. It is not part of the council.

When you can go

• After the council's process. You usually need to go through all stages of the council's complaints process first. The Ombudsman cannot look into it before the council has had a chance to put things right (LGSCO: how to complain).
• Or if the council is too slow. If you have complained but not had a reply in a reasonable time, you can go to the Ombudsman. It says this is usually up to 16 weeks.
• Within 12 months. The Ombudsman cannot normally look at a complaint if more than 12 months have passed since you first knew about the problem. Do not let the council's process run the clock down. If it is dragging on, contact the Ombudsman.
• For someone else. You can complain for someone else if you have their permission, or a legal right to act for them.

The Ombudsman can also look at care that people arrange and pay for themselves, straight with a care provider (LGSCO: complaints about adult social care).

What it may not look at

The Ombudsman may not look at a complaint if the problem has not affected you much, or if a court or tribunal would be a better place to sort it out. It cannot look at a problem you are already taking to court (LGSCO: how to complain). It closes many cases for these reasons, so check its guidance before you apply.

How to complain to the Ombudsman

1. Gather the council's final reply and your letters, emails and notes.
2. Use the online complaint form on the LGSCO website. It asks some short questions first, to check it is the right place.
3. If you cannot use the form, call 0300 061 0614 to talk to a complaints adviser. Check the opening times on the LGSCO contact page. You can also ask for extra help, known as reasonable adjustments.
4. Be ready to wait. The Ombudsman says its process can take time, and it publishes current waiting times on its website.

What the Ombudsman can do

If it finds the council did something wrong that caused you a problem, it can ask the council to put it right. For example, it can ask the council to (LGSCO: what the outcome will be):

• apologise
• provide a service you should have had
• make a decision it should have made, or look again at a decision it did not make properly
• improve how it does things
• make a payment

The Ombudsman cannot replace the council's decision with its own, like an appeal would. It cannot change a decision the council made properly, after following the right process. It cannot award compensation in the way a court can. It cannot force the council to follow what it says, but it says councils almost always do.

Step 5: Legal advice and court

Sometimes a decision is so serious, or so urgent, that a complaint is too slow. For example, if care is about to be stopped and someone would be at risk. A court can look at whether a council acted lawfully, through a "judicial review".

• Time limits are very short. A claim must be made promptly, and in any case within 3 months (Civil Procedure Rules, rule 54.5). Get advice early.
• You do not have to do this alone. Free legal advice may be available. Check if you can get legal aid on GOV.UK, or see GOV.UK: find legal advice.
• The Disability Law Service (020 7791 9800) gives free legal advice to disabled people and carers, including on community care. A local Law Centre may also help.

This page does not give legal advice. A solicitor or advice service can tell you whether court is right for you.

Other kinds of complaint

• NHS Continuing Healthcare. CHC is decided by the NHS, not the council. See our guide to CHC evidence and appeals.
• Benefits such as PIP or Attendance Allowance. These are DWP decisions. See mandatory reconsideration and benefit appeal tribunals.
• A care home or care agency. Complain to the provider first. If the council arranged the care, you can also complain to the council. Our choosing care guide has more.
• Abuse or neglect. This is a safeguarding matter, not just a complaint. Tell the council's adult social care team now. If someone is in danger, call 999. See our staying safe guide.

Scotland, Wales and Northern Ireland

This page is about England. Scotland, Wales and Northern Ireland have their own rules and their own ombudsman. Ask a local advice service, or start with Citizens Advice.

Related guides on this site

• How to get a care needs assessment
• Am I eligible for council care?
• Care and support plans
• Direct payments and personal budgets
• Carer's assessment
• Free letter templates

Sources

• Local Government and Social Care Ombudsman: how to complain
• LGSCO: how to complain about adult social care and support
• LGSCO: what the outcome will be
• LGSCO: contact us
• The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
• Care and support statutory guidance (Care Act 2014), chapters 3, 6, 7, 8, 10, 11, 13 and 17
• Care Act 2014, section 27 and section 67
• Citizens Advice: get advice about health and social care services
• Age UK factsheet 59: how to resolve problems and complain about social care (PDF)
• Civil Procedure Rules, Part 54 (judicial review)
• GOV.UK: check if you can get legal aid

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Information only. This page explains official guidance in plain English. It is not legal or medical advice. Rules can change. For advice about your own case, contact Citizens Advice or another free adviser.

Where this applies: England. Scotland, Wales and Northern Ireland have different rules.

Written by Social Care Made Easy. Last checked: 2 November 2026.