If you want to challenge a decision about problems around your care needs assessment or paying for your care, find out your rights and what to do.
How to make a complaint if you have problems paying for your care
What can I complain about?
You can complain if:
- your local council, or Health and Social Care Trust in Northern Ireland (HSCNI), says you don’t need a service, but you think you do
- there are delays or mistakes in handling your case
- the services arranged aren’t meeting your needs, or
- you’re waiting a long time for equipment or changes.
Follow these steps to work out what you need to do:
Understand your rights
- 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, or HSCNI, 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, or HSCNI, has their own eligibility criteria for what support you can and can’t receive. But they must follow government guidelines.
- Your local council, or HSCNI, has a legal duty to meet your eligible care needs – it’s not enough to say they can’t afford them.
How do I challenge my care needs assessment?
Your local council, or HSCNI, 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.
How do I challenge my financial assessment?
There are strict rules about when and how much you should pay towards 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.
For support and free advice on care, contact:
- 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 adviserOpens in a new window on Care Rights UK.
Tips for making a complaint
- Be clear about what you want done or the changes you expect.
- Keep records of emails and letters you send and receive. Use recorded delivery for anything you post.
- Document phone calls and meetings with the council, HSCNI, or homecare provider. Write down who you spoke to and what they said.
- Ask a friend or relative to help with your complaint, especially for face-to-face meetings with the care home or service manager.
Where can I get support to make a complaint?
Contact the social care services at your local council, or HSCNI, and ask about advocacy service. Advocacy services are usually free. An advocate can be someone who:
- helps you express how things affect you
- speak up for what you need, and
- provides emotional support.
Find out more about advocates and how to get one in:
- England and Wales, on the NHS websiteOpens in a new window
- Scotland, on SIAAOpens in a new window
- Northern Ireland, inspirewellbeing.orgOpens in a new window
How to complain to your local council, or Health and Social Care Trust in Northern Ireland (HSCNI), over your care
If you disagree with a decision made by your local council, or HSCNI, find out how to challenge them.
Follow these steps to work out what you need to do:
Discuss the issue informally
Firstly, try to resolve the problem you’re having by having an informal conversation about it with your local council, or HSCNI, if they fund or arrange your care.
If your care is provided by an independent agency funded by the council, or HSCNI, speak to them as they’re responsible for ensuring you receive appropriate care.
If you’re still not happy, see below for next steps.
Follow the complaints procedure for your local council, or HSCNI
- In England and Wales, find your local councilOpens in a new window on GOV.UK
- In Scotland, find your local councilOpens in a new window on mygov.scot
- In Northern Ireland, find your HSCNIOpens in a new window on nidirect
The details of the complaints procedure will be on their website. It’s also worth looking at their eligibility criteria for long-term care services, and their charging policy.
What if I’m unhappy with the outcome of my complaint?
If you’re not happy with the response you get, you can take your complaint to the relevant local government Ombudsman or get legal advice. Two in three complaints that reach the Ombudsman are successful.
- In England, contact the Local Government and Social Care OmbudsmanOpens in a new window
- In Scotland, contact the Scottish Public Service OmbudsmanOpens in a new window
- In Wales, contact the Public Services Ombudsman for WalesOpens in a new window
- In Northern Ireland, contact the Northern Ireland OmbudsmanOpens in a new window
You can get help with legal questionsOpens in a new window on Citizens Advice
How to complain about financial care products
It’s important not to withhold payment for a care product without first knowing your rights and responsibilities.
Follow these steps to work out what you need to do:
Understand your rights
When you buy something, the law gives you certain rights that protect you if it’s faulty or not fit for purpose. This includes equipment or aids to help with mobility or daily tasks.
- If your local council, or HSCNI, arranged for and bought a care product for you – report it to them and they should replace it.
- If you bought a care product from a retailer, ask them for a refund or replacement.
- If you’re not happy with the result, contact your local Citizens Advice for help to take matters further.
- If you bought a product with a credit or debit card and the retailer is being difficult, contact your card provider to see what they can do.
Find out more about your rights in our guides:
Consumer rights – what you need to know
How section 75 and chargeback protection work for your credit and debit card
Request the company’s complaints procedure
If you’ve bought a financial product to pay for your care and you’re not satisfied, find out the company’s complaints procedure. Then launch an official complaint with them.
Firms regulated by the Financial Conduct Authority (FCA) are legally obliged to have oneOpens in a new window. Find out more on FCA.
If you’re still not happy, contact the Financial Ombudsman Service
If you’re not happy with the result, contact the Financial Ombudsman ServiceOpens in a new window to complain.
If the Financial Ombudsman Service has considered your complaint and you’re still unhappy, you can take the matter to court.
Be aware that in most cases the court is likely to agree with the Financial Ombudsman Service’s decision. And it could be a long and expensive process.