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Chapter 9: Challenging What the Council Decided

9 sources. Checked September 2026.

Every claim in this chapter is traced to the source behind it. Below is each one, numbered as it appears in the book, with a link that opens the original.

  1. Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (SI 2009/309): the statutory framework governing complaints about NHS bodies and adult social services in England.
    www.legislation.gov.uk/uksi/2009/309/contents
  2. Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (SI 2009/309), regulation 13(3): the responsible body must acknowledge the complaint no later than 3 working days after the day on which it receives it.
    www.legislation.gov.uk/uksi/2009/309/regulation/13
  3. Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (SI 2009/309), regulation 12: the time limit for making a complaint is normally 12 months from the date the matter occurred, or from the date it came to the complainant's notice. A council can accept a late complaint at its discretion.
    www.legislation.gov.uk/uksi/2009/309/regulation/12
  4. Local Government Act 1974, Part III, section 26: the Local Government and Social Care Ombudsman can investigate alleged or apparent maladministration by a local authority, including in its adult social care functions, and alleged failure to provide a service.
    www.legislation.gov.uk/ukpga/1974/7/section/26
  5. Local Government Act 1974, section 34(3): the Ombudsman cannot question the merits of a decision taken without maladministration, where the council was exercising a discretion it genuinely holds. This is the legal basis for the distinction between checking how a decision was reached and re-deciding it.
    www.legislation.gov.uk/ukpga/1974/7/section/34
  6. Local Government and Social Care Ombudsman, Annual Review of Adult Social Care Complaints 2024–25 (September 2025): in that year the Ombudsman received 3,231 social care complaints and enquiries, of which 987 (around 3 in 10\) went to a full investigation, and 776 (79%) of investigations were upheld. Separately, its Annual Report and Accounts 2024–25 (HC 1582) records that it aims to complete 85% of investigations within 26 weeks, and reported achieving 90% within that time. These figures are for one recent year and will change — check the Ombudsman's own published figures for the current position.
    www.lgo.org.uk/assets/attach/6849/ASC-Review-2024-25-F.pdf · assets.publishing.service.gov.uk/media/69491940888ddc41b48a5458/LGSCO_Annual_Report_and_Accounts_2024-25.pdf
  7. Local Government and Social Care Ombudsman, Annual Report and Accounts 2024–25 (HC 1582), "Casework trends" p.5: 38% of all cases that year were closed after basic checks, commonly because the council's own complaints procedure had not yet been used. A further 41% were closed at an initial assessment, most often because the matter sat outside the Ombudsman's remit, the council still had a fair chance to resolve it, or there was no realistic prospect of a different outcome. "Review requests" p.13: of 1,668 requests to review a decision that year, only 78 (under 5%) found the Ombudsman had fallen short of its own standards.
    assets.publishing.service.gov.uk/media/69491940888ddc41b48a5458/LGSCO_Annual_Report_and_Accounts_2024-25.pdf
  8. Age UK, Independent Age, and Citizens Advice each publish free guidance on making a social care complaint, and can help a family put one in writing. Check each organisation's current pages for the exact support on offer, since services vary and are updated periodically.
    www.ageuk.org.uk/information-advice/care/problems-with-care/complain-local-council · www.independentage.org/get-advice/care/taking-action/complaints-about-care-and-health-services · www.citizensadvice.org.uk/health/nhs-and-social-care-complaints/complaining-about-social-care-services/social-care-complaints-procedure/what-should-happen-when-you-make-a-complaint-about-adult-social-care-services
  9. Judicial review claims must normally be made promptly, and in any event no later than 3 months after the decision or grounds for challenge first arose, under Civil Procedure Rule 54.5. This time limit runs regardless of whether a complaint or Ombudsman referral is also under way. General guidance is available from Citizens Advice. This book does not cover the process in detail, since it sits outside its scope.
    www.justice.gov.uk/courts/procedure-rules/civil/rules/part54

Sources for the other chapters are listed at ageingparent.co.uk/sources/who-pays. Free guides on the topics in this book are at ageingparent.co.uk.