How to complain about adult social care in England

This article provides general information on complaining about adult social care in England. An individual considering complaining would be advised to seek specialist advice tailored to the specific circumstances of their case. They may, for example, like to contact organisations such as:

• Healthwatch, the independent “health and social care champion”
• The older persons charity, Age UK
• Scope, the disability equality charity

Where to complain about adult social care

In the first instance, complaints about adult social care should generally be made to the care provider first. By law, each provider must have its own complaints procedure which should be available if someone asks to see it.

If the local authority is involved in arranging and/or funding a person’s care, a complaint about a provider can also be made to the local authority. Complaints can also be made directly to the local authority where they relate to a decision of the local authority regarding a person’s social care rather than about a provider (for example, about care planning).

Under the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009, local authorities in England are required to have a procedure for dealing with complaints about their social services functions.

Although procedures can vary, they usually include two or more stages. At each stage the council will normally send a written response and invite the complainant to comment. The council will usually tell the complainant when it writes to them if there is another stage of the procedure.

The Local Government and Social Care Ombudsman

If a person is still unhappy after completing the provider’s and/or local authority’s complaints process, they can raise the matter with the Local Government and Social Care Ombudsman. Usually, complaints to the Ombudsman should be made within 12 months of becoming aware of the matter.

The Ombudsman explains it can investigate complaints by:

• the person receiving the care, or their chosen representative.
• others affected by the actions of the care provider or local authority.

For more information, the Ombudsman has published a step-by-step guide on how to complain, as well as what it can and cannot look at.

Care Quality Commission

The Care Quality Commission (CQC) is the regulator of health and social care in England. All providers of adult social care who carry out “regulated activities” including providing personal care and accommodation for people who require nursing or personal care, are required to register with the CQC and demonstrate they meet fundamental standards set out in regulations.

The CQC does not investigate complaints on behalf of individuals. However, if it receives information that suggests a provider may be in breach of regulatory requirements it can investigate and take enforcement action as deemed necessary.

The CQC may also decide to inspect a provider in response to concerns raised by members of the public, along with other information. The CQC’s enforcement decision tree describes the process that guides how the CQC makes decisions about using its enforcement powers.

Further information

If somebody has raised their concerns with the above bodies but remains dissatisfied, they may like to seek advice on whether there is any scope to issue legal proceedings. The Library briefing on how to find and pay for legal help may be useful.

Additionally, more information can be found from:

• Healthwatch, which has published a toolkit on what can be expected from services or commissioners when making a complaint.
• The Local Government and Social Care Ombudsman has published tips for making a complaint.

If an individual wants to complain about NHS care and treatment in England, there is a separate Library casework article with this information.

Information on paying for adult social care can be found in a separate Commons Library briefing.

About the author: Niamh Foley is a researcher at the House of Commons Library.

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.