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Complaints about care home funding decisions

Complaints about care home funding decisions
If you've decided to live in a care home, you'll need an assessment of your care needs and a financial assessment. Your local council will then make a decision about how much funding you'll get. If you're unhappy with this decision, you can complain.

How to complain

You should complain in writing to your local authority or integrated health and social care partnership. The complaint should be investigated by someone other than the person who made the original decision.

The local authority complaints procedure has a 2 stage process  frontline resolution, followed by senior staff review if not resolved at the initial stage​.

Frontline resolution should be completed within 5 working days, though may be extended to 15 days. The investigation stage should be completed within 20 days.

If you're not satisfied by the response from the council

You can raise a complaint with:

Scottish Public Services Ombudsman (SPSO) 
Freepost EH641
EH3 0BR 

You can also e-mail or phone 0800 389 6809.

Judicial review

All the previous routes should be followed first. If you're still not satisfied, you can seek a judicial review. You can petition the Court of Session in Edinburgh.

The petition can't be made just because the decision is disagreed with. Grounds must be supplied that the decision is unlawful.

Order to carry out statutory duties

Application for an order from the Court of Session can be made without attempting any other route first.

It's only available if the council has failed to carry out a clear statutory duty. A court can impose an order on the council, forcing it to comply. It could also impose fines or imprisonment.

Find out more about complaints and feedback

Further information

The payment of care home fees is a complex subject and depends on many things which are unique to you.

If you want detailed information or personal advice, ask an experienced independent adviser like:

Advice Direct Scotland  phone 0808 800 9060, 9am to 5pm Monday to Friday.
Age Scotland  its fact sheets have information on paying for care homes, or phone their helpline on 0800 12 44 222.

The information was last updated on: 14th October 2020


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