Complaining to the Local Government and Social Care Ombudsman
How to take complaints about services provided by local authorities to the Local Government and Social Care Ombudsman.
The Local Government and Social Care Ombudsman (LGSCO) was set up by the Local Government Act 1974 to provide an independent complaint handling service for complaints that have not been resolved by local authorities and adult social care providers.
The LGSCO looks at whether bodies have followed the right steps in making decisions or taking actions. It is not an appeals body or regulator for councils and care providers.
The LGSCO service covers England. Similar duties are carried out by the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman and the Northern Ireland Ombudsman.
The LGSCO is a statutory body independent of both government and Parliament. It is publicly funded but it does not answer, in terms of its decisions on cases, to a Secretary of State or to Parliament. It is sponsored by the Ministry of Housing, Communities and Local Government. LGSCO: How we work sets out the Ombudsman’s principles.
Why complain to the LGSCO?The LGSCO looks at complaints about councils and some other authorities and organisations, including education admissions appeal panels and adult social care providers (such as care homes and home care providers). See What you can complain about.
The ombudsman can look at complaints about council services no matter who provides them. For example, when a council pays a private company to provide some of its services, the LGSCO can investigate that complaint as if the council provided the service directly.
The ombudsman seeks to resolve complaints and help improve services in the future. It also provides councils with guidance to deal with complaints in a transparent and fair manner.
Complaining to the LGSCOThe LGSCO will only accept complaints from people who have been affected personally by the issue they are complaining about. It cannot usually look at complaints brought more than a year after the complainant first became aware of the issue.
The LGSCO requires all complaints to be put first to the organisation being complained about to give that organisation a chance to resolve the problem. The LGSCO has published Top tips for making a complaint to a council or care provider.
If the organisation does not respond to a complaint within 12 weeks, the complainant can refer the matter to the ombudsman without waiting until the organisation’s own complaints process is finished.. This may be longer for complaints about social care, which follow a statutory process.
LGSCO: How to complain explains what’s involved and LGSCO Complaint fact sheets provide detailed guidance on the common types of complaint they can investigate.
The LGSCO applies its Assessment Code in deciding whether to investigate a complaint.
What can the LGSCO do?If the LGSCO finds the organisation at fault, it recommends actions to put things right. The LGSCO does not have legal powers to force organisations it investigates to follow its recommendations, .
The LGSCO: make a complaint webpage details possible outcomes, which can include asking the organisation to apologise, put things rights, improve its procedures so similar problems do not happen again, or make a payment.
It cannot cancel or change an organisation’s decision if the organisation followed the right process and considering relevant information.
LGSCO decisions are published (without revealing the identity of people involved) six weeks after the decision, unless it is not in the complainant’s interest.
What if I’m not happy with the ombudsman’s decision?The ombudsman’s decisions are final, but the LGSCO will review their decision if new and relevant information becomes available, or if it can be proved the decision was based on inaccurate facts. See LGSCO procedures for Challenging decisions for more information. It is also possible to make a complaint about the LGSCO service if dissatisfied with the level of service provided by the LGSCO. The LGSCO deals with complaints about itself.
There is no formal right of appeal against decisions of the LGSCO, but people can apply to the High Court to challenge an ombudsman’s decision because it is legally flawed—this is called judicial review. Judicial review is primarily concerned with the issue of whether the correct legal basis was used to reach a decision rather than whether the decision was right.
The judicial review procedure is both complex and costly and constituents should seek legal advice from a by a suitably qualified person with professional liability insurance suitably qualified professional. The statutory time limit for bringing a claim for judicial review is three months from the date of the ombudsman’s final decision.
The Ministry of Justice has published a Pre-Action Protocol for Judicial Review (England and Wales) that sets out a code of good practice and the steps which parties should generally follow before making a claim for judicial review.
The Library briefing Legal help: where to go and how to pay provides information on sources of advice.
Further information- Commons Library briefing, The Local Government Ombudsman
- Commons Library briefing, Parish and town councils: recent issues
- LGSCO Guidance notes – Guidance on complaint handling and good administrative practice
- LGSCO Focus reports – highlight common or systemic issues and share learning from complaints to help councils and care providers make improvements
- LGSCO Annual reviews of complaints
- LGSCO Annual business plans
- LGSCO Annual Report and Accounts
About the author: Sarah Priddy is a parliamentary researcher at the House of Commons Library.
Constituency casework – House of Commons Library | papers@parliament.uk
DisclaimerThe Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.