Complaints to the Local Government and Social Care Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) investigates complaints against local authorities and providers of adult social care.

The LGSCO can consider complaints about problems with local authority functions including:

• homelessness decisions

• some housing allocations

• housing improvement grants

• housing benefits

• social services

The LGSCO can investigate whether there has been injustice caused through the maladministration of a local authority or care provider. Maladministration can include neglect, unjustified delay, malice, bias, unfair discrimination or providing inaccurate or misleading advice.

The LGSCO can require the authority or care provider to remedy the injustice and potentially compensate the complaint.

The Ombudsman is independent and impartial. The service is free of charge.

Any member of the public affected by the actions or inactions of a local authority can complain to the Ombudsman.

Who can help with LGSCO complaints

Councillors, MPs, advisers or support workers help make a complaint if someone is unable to make a complaint themselves. Friends or family members can also help make a complaint.

Complaints can be made by someone acting on behalf of a child or young person, or by one person on behalf of a group.

The Ombudsman requires a consent form to be completed. The Ombudsman also checks whether the complaint has been made by a suitable representative. This includes checking that the representative is acting in the person's best interests and that the person has not been put under pressure or exploited.

A complaint should be made in the first instance to the local authority or adult social care provider. The Ombudsman will not usually investigate a complaint unless the complainant has used the organisation's complaints procedure.

The Ombudsman will not normally investigate a complaint until the applicant has exercised any other routes of challenge. For example, a homeless applicant might have the right to an internal review, or an appeal to the county court under the Housing Act 1996.

Find out more about how to challenge homelessness decisions.

The Ombudsman will not investigate matters the applicant has known about for more than 12 months, unless the Ombudsman considers that it is reasonable to do so.[1]

The LGSCO can consider complaints against local authorities or adult social care providers.

A complaint to the Ombudsman can be made if it appears that maladministration has taken place or something has gone wrong which caused injustice to a person.

Homelessness

The LGSCO can consider complaints about homelessness functions under Part 7 of the Housing Act 1996, such as homelessness advice, homelessness prevention or decisions about interim and temporary accommodation.

Examples given in the Homelessness Code of Guidance are where the local authority:[2]

• took too long to do something

• did not follow its own rules or the law

• broke its promises

• treated the applicant unfairly

• gave the applicant wrong information

The Ombudsman cannot normally investigate complaints where there is a right to an internal review or County Court appeal. This includes homelessness decisions such as whether someone is intentionally homeless or not eligible for assistance. The Ombudsman can still investigate if it considers it was not reasonable for the complainant to pursue other routes of appeal.

Housing allocations under Part 6

The LGSCO can consider complaints about housing allocations under Part 6 of the Housing Act 1996, such as the:

• treatment or assessment of applications

• operation of choice-based lettings schemes

• the suitability of accommodation offered

This includes applications dealt with by the local authority or any other organisation acting on its behalf.

Complaints about transfer applications by existing tenants which fall outside Part 6 should be made to the Housing Ombudsman. This includes the banding or points awarded to a transfer applicant.

Local authority enforcement

The LGSCO can consider complaints about local authority enforcement of environmental health problems and private rented sector landlords. This includes the handling of:

• unlawful eviction and harassment by private landlords

• disrepair in private rented properties

• noise nuisance and antisocial behaviour complaints which are under the remit of the local authority

Tenants of social landlords, including local authority landlords, may also be able to complain to the Housing Ombudsman.

Housing benefit

The LGSCO can consider complaints about:

• delays in processing a claim

• delays in making payments

• failure to properly notify an applicant of a decision or of the right to appeal

The LGSCO cannot normally investigate complaints where there is a right of appeal to a tribunal. This includes housing benefit decisions and decisions about overpayments. The Ombudsman can still investigate if it considers it was not reasonable for the complainant to pursue an appeal.

Grants

The LGSCO can consider complaints about:

• applications for mandatory and discretionary housing improvement grants

• provision of advice, processing of applications, preparation of schedules of work, payment of grant and other decisions on grant eligibility and entitlement

• actions of social services occupational therapy services with regard to assessment and eligibility for disabled facilities grant

Sale or disposal of land on housing estates

The LGSCO can consider complaints about:

• applications or requests to buy land owned by local authorities

• sales processes for properties owned by local authorities

• right to buy and right to acquire for local authority tenants

• planning and building control at properties owned by a social landlord

• applications for planning permission

• planning enforcement

• applications and enforcement under the building regulations

The Ombudsman cannot normally investigate complaints about the right to buy a local authority property if there is a right of appeal to a court. This includes appeals about the refusal of an application or the size of the discount. The Ombudsman can still investigate if it considers it was not reasonable for the complainant to pursue an appeal.

Social care services

The LGSCO can investigate complaints about adult social care. Joint investigations with the Health Service Ombudsman can be carried out if the health service is involved.

Complaints to the Housing Ombudsman

Complaints about local authorities acting as landlords are dealt with by the Housing Ombudsman Service. The Housing Ombudsman and Local Government and Social Care Ombudsman can work together on cases where their jurisdiction overlaps and transfer cases if needed.

Find out more about complaints to the Housing Ombudsman on Shelter Legal.

Where the Ombudsman upholds a complaint, it will issue a decision with recommendations for the local authority or care provider to follow.

The LGSCO has published guidance on remedies in housing cases.

Corrective actions

The LGSCO might recommend that the authority takes specific actions to correct the problem. This could include:

• accepting a homelessness or housing register application

• issuing a decision on an application

• arranging suitable accommodation

• backdating a housing register application

• awarding the correct priority to an applicant

Service improvements

The LGSCO might order the authority to take steps to improve procedures in the future. This could include:

• creating a new policy document

• redrafting a policy which has caused confusion

• amending template letters

• improving processes to identify urgent cases

Financial remedies

The LGSCO might make an order that the local authority should make a financial remedy, such as paying compensation to a complainant.

This might include compensation to reimburse a homeless applicant for extra costs incurred as a result of the local authority's actions. For example, the cost of buying extra food when a homeless applicant has been accommodated in unsuitable accommodation without cooking facilities.

The LGSCO might also order the authority to pay a financial remedy to recognise losses which cannot be financially quantified, such as distress caused due to the local authority's failure.

Compliance with LGSCO orders

Most local authorities and adult social care providers comply with the Ombudsman's recommendations. The Ombudsman does not have the legal power to intervene or compel the organisation to comply.

If a council does not agree to a settlement proposed by the Ombudsman, the Ombudsman may issue a public interest report, naming the council. It must be made available to the public, and advertised in the local press covering the council's area.

Where a council does not agree to carry out recommendations in the Ombudsman's report, a further report might be issued. If the council still does not act on the recommendations, the council must publish a statement in a local newspaper explaining why.

Care providers

Where a care provider does not agree to carry out the recommendations in the Ombudsman's report, the Ombudsman will issue an adverse findings notice.[3]

The notice will be shared with the Care Quality Commission and the care provider will be required to publish it appropriately. Where this is not done, the Ombudsman will publish the notice.