Local resolution: health and social care

Complaints about Social Care Services for Adults

The process is similar to the NHS Complaints Procedure.

Local Authority Social Services Complaints (England) Regulations 2006 Statutory Instrument 2006 No.1681 (external link)

This equates to stage 1 of existing procedures. The timescales are 20 working days for resolution instead of 14 calendar days as at present. There is a 12 month time limit within which complaints can be made – with discretion to the local authority to extend this period.

A complaint involving social care and health services can be made in its entirety to any one of the organisations involved. Local authorities and the NHS have a duty to co-operate with each other. A ‘lead body’ should be identified with a single joint reply where possible.

Stage 2 – Investigation

If a complaint has not been resolved to the complainant’s satisfaction, the complainant ‘has the right to move things on to a formal investigation if they wish’. The Investigating Officer reports to the Complaints Manager the findings and conclusions of the investigation. A Senior Service manager (the Adjudicating Officer) must respond to the complaint (the adjudication) and should consider if it is necessary to meet with the complainant. The timescales are 65 working days to respond to the complainant with a progress report to the complainant after 25 working days (28 calendar days extendable to three months at present).

Cross-boundary complaints

Separate procedures apply at Stage 2 and beyond. Both responses should be completed simultaneously and reports delivered to the complainant.

Stage 3 – Review Panels

Within 20 working days of receipt of the report of the investigation a complainant may request a review panel for ‘further consideration of his complaint’. The Panel is to comprise three people including at least two independent people one of whom must be the chairperson. A review panel must convene within 30 working days of receipt of the request. There is a limited facility for referring to the Local Government Ombudsman instead.
Panel to be set up within 30 working days of the request (currently 28 calendar days). The local authority must respond to complainant within 15 working days of notification of the Panel’s decision if it concludes that the local authority did not adequately deal with the complaint.

Referral to Local Government Ombudsman

If the complaint is not resolved at Stage 3. The complainant can approach the Local Government Ombudsman at any stage.

Next: Complaints about Social Care Services for Children and Young People

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