Challenging a children's or adult social care decision

Step by step

1. Use the urgent route when someone is unsafe

   A complaint is not an emergency or safeguarding referral. Use 999 for immediate danger and the local safeguarding, duty or urgent health route where a child or adult may be at risk. State what is happening now and what immediate action is needed.

2. Get the decision, reasons and evidence in writing

   Ask for the assessment, eligibility decision, care or support plan, personal budget calculation, panel decision and reasons. Ask which law, policy and facts were used, what was accepted or rejected, and how the person's views were considered.

3. Request the right assessment

   For a disabled child, ask children's social care for a child and family assessment where services may be needed. A parent carer can request a parent carer's needs assessment. For an adult, request a Care Act needs assessment and a carer's assessment where appropriate. Ask for advocacy or communication support.

4. Challenge delay as well as the final decision

   Working Together says a children's assessment should normally be completed within 45 working days of referral. Support should not automatically wait for the assessment to finish where needs require earlier action. Ask for the manager, timescale, interim safety or support plan and reason for any delay.

5. Describe unmet needs and outcomes

   Use concrete examples of personal care, supervision, communication, behaviour, sleep, mobility, community access, family pressure, safety and independence. Explain frequency, intensity, what happens without support and the outcome sought. Separate evidence of need from a preferred provider or service label.

6. Separate eligibility, budget and provider problems

   Ask whether the council says there is no eligible need, too little support, an unsuitable plan, an incorrect budget or no available provider. Each problem needs a different remedy. Provider shortage does not erase an assessed duty; ask for contingency arrangements and review.

7. Ask for review or reassessment when facts changed

   Request a review when needs, risks, caring capacity, placement, school attendance, health or available support has changed, or when the current plan is not delivering its outcomes. State what changed, when, and what interim action is needed.

8. Treat direct payments as a choice, not a substitute for assessment

   Direct payments may offer control where they are suitable and the person or representative wants them. The council must still assess need, set a lawful budget and explain restrictions. Ask about payroll, employment, contingency and support before agreeing to manage a package.

9. Use the statutory children's complaint procedure where it applies

   Many children's social care complaints use three stages. Stage 1 is normally 10 working days, with limited extension; stage 2 is investigated and stage 3 is a review panel. Ask the council to confirm whether the statutory procedure applies and give the current timetable in writing.

10. Use the adult social care complaint route separately

    Adult social care uses the council's adult complaint process, not the three-stage children's procedure. Say which decision, assessment, service failure or delay is challenged, the impact, evidence and remedy requested. Keep complaint and safeguarding routes separate but coordinated.

11. Ask for advocacy and accessible communication

    Ask for information in an accessible format and for an independent advocate where the legal criteria are met. A trusted supporter can help organise evidence and attend meetings, but should not replace the child, young person or adult's own voice.

12. Go to the Ombudsman after the council has had a fair chance

    The Local Government and Social Care Ombudsman can investigate council fault after the local complaint route, including delay, failure to assess, poor planning or not following procedure. It does not simply substitute its preferred care decision where the council made a lawful, properly reasoned decision.

13. Get urgent specialist advice for serious rights failures

    Seek specialist community-care or public-law advice promptly where essential support is withdrawn, serious needs are unmet, delay creates harm or a court deadline may apply. Complaints can be too slow for urgent cases. This guide is information, not legal advice.