Local resolution: health and social care
Local Government Ombudsman
If the complainant is still dissatisfied after going through the local resolution stage and formal review, they can write to the Local Government Ombudsman and ask for a further investigation. The Ombudsman is completely independent of the local authority and the government.
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Local Government Ombudsman
There are three Local Government Ombudsmen in England. Check the website (external link) for your area and contact details:
How to complain to the local Government Ombudsman leaflet (external link)
Advisers’ Guide and helpline (external link) Useful step-by step guide for advisers from any agencies. Advisers’ telephone helpline is available.
There is a good practice guide on complaints at this address (external link).
Ombudsman’s Advice line: 0845 602 1983
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The complaint needs to have already been investigated by the Social Services Complaints procedure before the Ombudsman can take up the case.
Unhappiness about the outcome of the complaints process is not sufficient reason for the Ombudsman to investigate: the complainant needs to provide reasons why they are still dissatisfied and believe that they have suffered hardship or injustice.
What the Ombudsman can and can’t investigate
Examples of where the Ombudsman could become involved: the complainant believes they
- have been caused an injustice
- did not get a service or benefit they were entitled to or there was a delay before they got it
- suffered financial loss
- were caused distress or upset
- were unreasonably refused a panel review
- did not get a satisfactory answer to their complaint
or
- it took too long to deal with the complaint locally.
The Ombudsman cannot investigate something the complainant
- knew about more than 12 months before they wrote to the Ombudsman or to a councillor, unless the Ombudsman thinks it is reasonable to look into it despite the delay
- has already appealed to a tribunal or a government minister or have taken court action against the council
- could appeal about to a tribunal or a government minister or go to court about unless the Ombudsman thinks there are good reasons why they could not reasonably be expected to do so
or
- something affecting all or most of the people living in a council’s area, such as a complaint that the council has wasted public money
- court proceedings
- personnel matters
- contracts for the supply of goods and services to the council.
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The complaint must be sent to the Ombudsman no later than a year from the date when the complainant became aware of the events which are the subject of complaint. However, the Ombudsman is aware that it can take much longer than a year to go through stages one and two of the complaints’ procedure. Even if it has been more than a year, it is worth appealing to the Ombudsman, as his office has the discretion to waive the time limit, especially where local investigation took a particularly long time. |
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Making the Complaint Checklist
Download the form (external link) provided on the Ombudsman’s website or write a letter. The form sets out what information the Ombudsman will need to know. Make sure the complainant describes
- what happened
- when
- where
- (if possible) who was involved
- why this is the basis for complaint
and
- demonstrates that there has already been hardship or injustice
- provides all the evidence available
- sends all letters and any background papers: photocopy originals and keep a copy
- includes a daytime contact telephone number.
First stage
When the complaint is received by the Ombudsman, a decision will be made on whether or not an investigation will be carried out. If the Ombudsman cannot look into the complaint or decides not to, the complainant will be told why.
How will the Ombudsman investigate the complaint?
1.The Ombudsman will send a statement of complaint which will set out which matters the Ombudsman will look into.
2. A caseworker or investigator will be appointed to investigate the case.
3.The caseworker may ask to interview the complainant at a convenient time and place. They can have a friend of their choice with them. Interviews are carried out in private.
The Ombudsman's investigator may then interview others concerned. The interviews are usually informal, although the Ombudsman has the same power as the civil courts to obtain evidence. It may be necessary for the caseworker to bring in independent professional advisers to help the Ombudsman with the investigation.
Whilst the complaint is being investigated, the local authority may offer to do something to put things right. If the Ombudsman thinks the offer is fair, they will inform the complainant and stop the investigation.
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Be prepared for a long wait!
Investigations by the Ombudsman are very thorough and detailed, and this can be a lengthy process, often taking up to a year from start to finish. Some cases have been known to take even longer. If the complainant is suffering from a life limiting illness, you need to ensure that the Ombudsman is aware of this fact when the complaint is referred to them so they can “fast track” the complaint. |
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The Report
At the end of the investigation the complainant will be sent the Ombudsman's report. A copy is also sent to the local authority.
If the complaint is found to be justified, the Ombudsman will seek an apology for the complainant or another remedy. For example
- getting a decision changed
- repayment of unnecessary costs
- compensation to the complainant or their family
The Ombudsman may also call for changes to be made so that what has gone wrong does not happen again. Where the local authority complained about tells the Ombudsman that it will make such changes, the Ombudsman checks that they have done so.
All complaints are reported in the Ombudsman’s regular reports to Parliament. Complainants are never named but the local authority is identified.
Is there any appeal against the Ombudsman's decisions?
The Ombudsman's decision on a complaint is final. It is the final stage in the procedure with no appeal.
If completely new information comes to light which could not reasonably have been known about before, the Ombudsman may start a new investigation. That is extremely rare.
Judicial Review
It is possible to apply to the High Court to challenge an Ombudsman’s report or other final decision. A solicitor, Citizens’ Advice Bureau or law centre can give advice about this. The complainant will need to act promptly.
Legal advice
Free specialist advice on taking legal action is available from Action Against Medical Accidents (AvMA) (external link)
The Advice Services Alliance has a site for alternatives to legal action, ADRnow. (external link)
ADR stands for alternative dispute resolution - options for resolving disputes without going to court.
Next:
Complaints and the Mental Health Act
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