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Complaining about services provided by local authorities

The Local Government and Social Care Ombudsman (LGSCO) provides a free and independent complaint handling service for complaints that have not been satisfactorily resolved by local authorities and adult social care providers (including care homes and home care agencies) and some other public organisations.

The LGSCO 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 cannot investigate complaints about councillor conduct; these are handled by individual councils. The Ombudsman can investigate a complaint about a local authority’s handling of a complaint about conduct, but the complaint itself cannot be escalated to the LGSCO.

Complaining to a local authority

Local authorities have complaints procedures that individuals must follow before they complain to the Local Government and Social Care Ombudsman.

Complaints about a council service that has not been properly delivered are dealt with by the relevant local authority. If the complainant is not happy with the response, they should complain to the council’s complaints officer. If this does not resolve the issue, the Ombudsman may be able to look into it. The LGSCO considers complaints about the way a council service has been given or how a decision has been made.

The LGSCO 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 Ombudsman can investigate that complaint as if the council provided the service directly.

The LGSCO requires all complaints to be put first to the council being complained about to give them a chance to resolve the problem. The LGSCO has published:

If the council does not respond to a complaint within 16 weeks, the complainant can refer the matter to the LGSCO without waiting until the council’s own complaints process is finished. This may be longer for some complaints, such as those about children’s services which follow a statutory process.

What is the role of the Local Government and Social Care Ombudsman?

The LGSCO investigates complaints about services provided by 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. It 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 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.

The Ombudsman’s principles are set out in LGSCO: How we work.

Complaining to the Local Government and Social Care Ombudsman

The 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 problem or if the complainant is already taking legal action or using a tribunal. The LGSCO applies its Assessment Code in deciding whether to investigate a complaint.

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.

LGSCO: Current waiting times sets out typical waiting times for each stage of its three-stage process

What can the Local Government and Social Care Ombudsman do?

The LGSCO 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.

If the Ombudsman finds the organisation at fault, it recommends actions to put things right. The Ombudsman does not have legal powers to force organisations it investigates to follow its recommendations, but organisations usually agree to them.

LGSCO: Make a complaint 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.

The Ombudsman 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’s not in the complainant’s interest.

What if I’m not happy with the Ombudsman’s decision?

LGSCO decisions are final, but the Ombudsman will review its 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 complainants are dissatisfied with the service provided by the LGSCO. Complaints must normally be made within one month although the LGSCO may disapply the time limit in exceptional circumstances.

There is no formal right of appeal against decisions of the LGSCO, but individuals 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 the merits of the decision

The judicial review procedure is both complex and costly, and constituents should seek legal advice from a suitably qualified professional before considering it. 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

The Commission for Local Administration in England (the official title of the body that runs the Local Government and Social Care Ombudsman service) was established by the Local Government Act 1974. It functions are set out in the act and are elaborated further in the Framework Document agreed with its sponsor department, Ministry of Housing, Communities and Local Government.

The current Local Government and Social Care Ombudsman is Amerdeep Clarke. She is supported by The Commission and Executive Team.

Commons Library briefings

LGSCO website

  • LGSCO performance – Annual reports, quality standards, research and survey
  • LGSCO focus reports – Highlight common or systemic issues and share learning from complaints to help councils and care providers make improvements
  • LGSCO guidance notes – Guidance on complaint handling and good administrative practice

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