Making a complaint

The social care sector can be perplexing, and it can be difficult to know who is responsible for what. Below we explain each organisation’s role and involvement in a typical complaints process.

What has gone wrong? And what do you want to achieve?

When making a complaint about social care, it is important to set out what went wrong, and also what you would like to achieve as a result of the process.

This can help to get the resolution that you want.

How to complain

The Local Government and Social Care Ombudsman have some tips about how to make a complaint.

In the first instance, it can be a good idea to make complaint informally. Explain your issue to someone in authority at the provider. If the issue remains unresolved after this informal approach, you may then want to escalate the matter to a formal, written complaint.

It is a good idea to keep your own records of the issues, as well as a diary of what happens, in case you ever need to refer back to them.

Organisational complaints processes

All organisations should be able to provide you with details of their established complaints process, including how to raise informal concerns and who you should get in touch with.

Raising issues or concerns with the care provider directly is the quickest way to get things resolved. Explain the issue or your concerns and have some suggestions about how it could be resolved. This can be done informally in the first instance, as a chat with the staff or manager. If you are not happy with the response, you can follow up in writing to make a formal complaint.

Regardless of how your care is funded – whether you are funding all of your care, or receiving support from the local authority or the NHS – the care provider should ensure that you have a copy of their complaints process as part of their ‘welcome’ pack.

This complaints process should state clearly who to speak to in the first instance and how to escalate your concern if you are not happy with their response.

If you have a concern about care provided through adult social care services, and you have not been able to resolve it informally, then you may want to challenge these decisions through the adult social care complaints process.

Concerns may vary, for example, because they are taking too long to assess your needs, or you disagree with your care plan, or perhaps dispute your calculated contribution.

Your local authority must provide you with their complaints process if you ask for a copy, but it should also be available on their website.

If you receive financial support from your local authority’s adult social care department under the Care Act, then they are ultimately responsible for your care, even if it is being provided by a private company.

Again, if they do not help you resolve your concerns over your care package, you can raise a formal complaint about this with the local authority.

If you have made a formal complaint, either to your care provider or adult social care services, and you are still unhappy with the outcome, then you can ask the LGO to consider investigating your complaint. The LGO have set a time limit to contacting them within 12 months of first being aware of your concern.

It is at the LGO’s discretion which complaints they investigate. They also do not have the legal power to hold local authorities or providers to their decisions.

However, when they do an investigation and write a report, this is made public. In most cases, providers and local authorities engage with their decisions.

You can find out more about what the LGO’s role on their website.

If you are unhappy with your assessment for medical services, or subsequent treatment, then you may want to make a complaint about this.

This can apply to your GP, wheelchair services, or other specialist health support service, such as physiotherapy.

Each service is likely to have its own complaints process. So, for instance your GP practice is likely to manage its own complaints via the practice manager.

The complaints process should be easily accessible but if you cannot find it, then ask the service for a copy of it and they should make it available to you.

If you are not happy with the outcome of your complaint to an NHS service, you can ask the Parliamentary and Health Ombudsman (PHO) to investigate your complaint.

The PHO provide information on their website about this that can be helpful to look at before contacting them. PHO will only consider investigating your complaint if you contact them within one year of being aware of your concern.

If you have concerns about poor care, the way a health or care service is being run or how you have been treated by them, you can refer this to the regulator.

The Care Quality Commission (CQC) is the regulator for health and care services across England. They have a duty to take action when they become aware that a service might be failing to meet the required minimum standards, known as ‘fundamental standards’. The action they take will be depend on the information and the severity of the concern.

You can let CQC know about your concerns by completing a form on their website or contact them by email or telephone. If you would like support to do this, contact our helpline.