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  • Universal Credit Find out how Universal Credit works and how to manage your payment
    Benefits if you have children Entitlements to help with the cost of pregnancy or bringing up children
    Benefits if you’re sick, disabled or a carer Understand what support is available for coping with ill health
    Benefits in later life You may be entitled for help with other costs on top of your State Pension
    Benefits and work Extra support if you’re working, self-employed, or you’ve lost your job
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    Pensions issues? Join our community group

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    Join our private Facebook group ‘Your pension and planning for the future – by MoneyHelper’ to get help and to chat about pensions

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Cymraeg
  1. Home
  2. Family & care
  3. Long-term care
Family & care Long-term care

How to challenge your local council or local authority over your care

If you disagree with your local council, trust or authority's decision not to pay for your care services – speak out. Two in three complaints that reach the Ombudsman are successful.

What’s in this guide

  • Know your rights
  • How do I challenge my care needs assessment?
  • How do I challenge my financial assessment?
  • How to challenge a decision – step by step
  • Complaints about your care

Know your rights

Taking on your local authority, or Health and Social Care (HSC) Trust in Northern Ireland, can seem daunting.

But if you’re planning to challenge a decision, it will help your confidence to know a few basic things first:

  • You have the legal right to a free care needs assessment to work out how much help you need to live as independently as possible. Your local council can’t simply refuse because they don’t think you’ll qualify for support.
  • You can ask for a reassessment if you think your circumstances have changed.
  • Every local council has their own eligibility criteria for what support you can and can’t receive. But they still have to follow government guidelines.
  • Your local council has a legal duty to meet your eligible care needs – it’s not enough to say they can’t afford them.
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How do I challenge my care needs assessment?

You don’t have to stick by the decision of the people who carried out the assessment.

For example, if you have an illness or a disability, they might have assessed you on a ‘good’ day. But the assessment should also take into account fluctuating needs.

If you disagree with a decision not to provide support, or you don’t think the care package being offered is enough to meet your needs, follow the steps below to challenge it.

Back to top

How do I challenge my financial assessment?

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Top tip

Calculating the value of assets and income for means-test purposes can be complex. This is why many people get independent legal or financial advice before challenging a decision.

There are strict rules about how much you should pay for long-term care. Although local councils might have more generous arrangements than the government guidelines.

Still, if you think your assets or income have been overvalued or something’s been included wrongly, and you’re being asked to pay for more than you should, you can ask for your case to be reviewed.

If you’re not sure about what income or capital should be taken into account, a FirstStop adviser might be able to help you. Call them on 0800 377 7070.

For support and free advice on care, contact:

  • If you live in England, Age UKOpens in a new window

  • In Wales, Age CymruOpens in a new window

  • In Northern Ireland, Age NIOpens in a new window

  • In Scotland, Age ScotlandOpens in a new window

You can also book an appointment to speak to an adviser at Care Rights UKOpens in a new window

If you need to find a specialist care fees adviser, see our guide Get financial advice on how to fund your long-term care  

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How to challenge a decision – step by step

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Did you know?

You can make the challenge yourself or ask someone else, such as a friend or relative, to do this on your behalf.

Follow these steps to challenge a decision.

Step 1 – Do your research

Find out about the complaints procedure for your local council – or your local Health and Social Care Trust in Northern Ireland.

Find your local authority (council) or trust:

  • in England and Wales, go on GOV.UK
  • in Scotland, go on mygov.scot
  • in Northern Ireland, go on nidirect

The details will be on their website. It’s also worth taking a look at their eligibility criteria for long-term care services, and their charging policy.

You have the right to take someone with you to an appeal or assessment. This could be an advocate. Advocacy services are usually free. 

An advocate can be someone who:

  • helps you to say how things affect you and speak up for what you need

  • provides emotional support. 

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Find out more about advocates and how to get one on the NHS websiteOpens in a new window

Step 2 – Contact your local council or trust

Your local council or trust has a legal duty to give you a written explanation of their decision.

Take time to read it. If you think it’s unfair, you can ask for your case to be reassessed.

There might simply have been a failure in communication or a misunderstanding that can be easily fixed.

Step 3 – Get help

If you need help with a complaint, contact your local councillor, Citizens Advice  or local disability or support groups to see if they’ll help you put your case forward.

You can get help with legal questions on the Citizens Advice websiteOpens in a new window

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Find out more on the Citizens Advice website

Step 4 – Take your complaint to the Ombudsman

If you’re not happy with the response you get from your local council, you can get legal advice or take your complaint to the relevant local government ombudsman:

  • in England, contact the Local Government and Social Care Ombudsman
  • in Scotland, contact the Scottish Public Service Ombudsman
  • in Wales, contact the Public Services Ombudsman for Wales
  • in Northern Ireland, contact the Northern Ireland Ombudsman
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Complaints about your care

If your complaint is about the care you’re getting, there’s a slightly different process to follow. This is the case even if you’re paying for the care with direct payments from your local council.

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Find out more in our guide What if i'm unhappy with the care I receive?
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Long-term care

Problems with long-term care

  • How to challenge your local council or local authority over your care
  • What if I’m unhappy with the care I received?
  • Caring for others and the impact on your pension
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MoneyHelper is the new, easy way to get clear, free, impartial help for all your money and pension choices. Whatever your circumstances or plans, move forward with MoneyHelper.

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MoneyHelper is the new, easy way to get clear, free, impartial help for all your money and pension choices. Whatever your circumstances or plans, move forward with MoneyHelper.

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Problems with long-term care

  • How to challenge your local council or local authority over your care
  • What if I’m unhappy with the care I received?
  • Caring for others and the impact on your pension
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