Assessment for Adult Social Care

Boris Campbell made this Freedom of Information request to Department of Health and Social Care

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Department of Health,

In February 2010 the Department of Health published ‘Prioritising need in the context of Putting People First: A whole system approach to eligibility for social care’ – Guidance on Eligibility Criteria for Adult Social Care.

I understand that all local authorities must follow these Guidelines in the conduct of assessments of applicants for social care.

However, I could not find anywhere what is the procedure should the local authority fail to follow these Guidelines and the assessed individual wishes to submit a complaint AFTER the local complaints process has been exhausted, providing no satisfactory resolution.
I should be grateful if you could let me know:
1. What is the complaints procedure and its format.
2. What is the time limit for submission of a complaint.
3. Who should receive the complaint and why.
4. Any legal references to the above.

Yours faithfully,

Boris Campbell

Do Not Reply,

Our ref: DE-1056138  


Dear Mr Campbell,
Thank you for your correspondence of 23 October to the Department of
Health about social care complaints care.  I have been asked to reply.
The Freedom of Information Act only applies to recorded information such
as paper or electronic archive material.  As your correspondence asked for
general information, rather than requesting recorded information or
documentation, it did not fall under the provisions of the Act.


With regard to social care complaints, it is for local authorities to
manage care in individual cases and direct their resources in accordance
with local priorities and the needs of the communities to which they are


The responsibility for investigating complaints about social services
rests with the responsible local authority.  Details of how to do so can
be obtained from local authority offices or online.


If, having made a complaint, a person is dissatisfied with the response,
they are entitled to ask the Local Government Ombudsman, who can conduct
independent investigations into complaints about local authorities, to
investigate.  More information on the role of the Ombudsman can be found
at [1], or by calling the Adviceline on 0300 061 0614.


A complaint should normally be made within12 months of the date of the
event a person is complaining about, or as soon as they first knew about
the problem.


Additionally, Healthwatch has been set up to gather the views of the
public and to find the best way of using that information to improve
services for everyone.  Local Healthwatch teams are available to provide
assistance about local issues.  Further information on Healthwatch can be
found at


I hope this reply is helpful.

Yours sincerely,
Caroline Soury
Ministerial Correspondence and Public Enquiries
Department of Health



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