The Local Government and Social Care Ombudsman: Complaint Process in Detail

The LGSCO investigates complaints about:

• Council services — children's services, adult social care, housing, planning, parking, education admissions, council tax administration, environmental health, refuse collection.
• Adult social care providers, whether the care is funded by the council or self-funded.
• Some other bodies — school admission appeal panels, education health and care plan decisions, some public authorities.

It does NOT cover:

• Government departments (use the Parliamentary and Health Service Ombudsman for those).
• NHS (use PHSO via your MP after the NHS complaint process).
• Schools that have already gone through the formal admissions appeal panel — only the panel's conduct can be examined, not the merits.
• Police (use the Independent Office for Police Conduct).
• Internal council employment matters.
• Court decisions or judicial actions.

You can complain to the LGSCO if:

1. You have completed the council's own complaints procedure (or it has unreasonably refused to engage with you).
2. The complaint is about a matter where you have suffered "injustice" — financial loss, distress, missed entitlement, or other tangible harm.
3. The matter is within 12 months of when you knew or should have known about it.
4. The complaint is about something the LGSCO has jurisdiction over.

Time limit extension: the 12 months can be extended where the LGSCO thinks it would be unjust not to investigate (e.g. you were unaware, you have a disability that delayed you, you were a child at the relevant time). Apply with reasons; the extension is granted in around 30% of late applications.

You can complain on behalf of another person (a relative, friend, or someone you support) if they consent or cannot consent. Solicitors can act for clients but most complaints are handled directly by individuals or family members.

Stage 1: Initial Assessment.

• You submit the complaint at lgo.org.uk/make-a-complaint with the council's final response letter and supporting evidence.
• An LGSCO Initial Assessor reviews to decide whether to investigate (the "investigative discretion" test). About 50% are taken forward.
• If declined, you receive a written reason. You can request review of the assessment decision.

Stage 2: Investigation.

• An LGSCO Investigator takes the case. They request the council's records, your evidence, witness statements where relevant.
• The investigator drafts a "Statement of Reasons" — proposed findings.
• Both you and the council have an opportunity to comment before the final decision.

Stage 3: Decision.

• The Ombudsman makes the final decision: complaint upheld (in whole or part), or not upheld.
• If upheld, recommendations are made (apology, payment, change, etc.).
• The decision is sent to you and the council and (in most cases) published online with names redacted.

Common LGSCO remedies:

• Apology — formal, in writing, signed by a senior officer.
• Financial compensation — based on the LGSCO's "remedies guidance". Typical figures:
  • £100-£500 for moderate distress or inconvenience.
  • £500-£1,500 for significant distress or missed service.
  • £1,500-£5,000 for serious failures with long-term impact.
  • £5,000+ for severe injustice (rare).
• Specific actions — re-do an assessment, re-issue a missing service, correct records.
• Policy review — change the council's policy or training to prevent recurrence.
• Service improvement — publish learning and changes implemented.

The recommendations are not legally binding but are followed in 99%+ of cases. Where a council refuses to implement, the Ombudsman can issue a Public Interest Report — published widely and referred to Parliament — which usually compels compliance.

The most common upheld cases:

• Adult social care — needs assessment delays, refusal to fund eligible needs, top-up disputes, care home choice (under the Care Act 2014 Choice of Accommodation Regulations).
• Children's services — child protection conduct (subject to specific exclusions), looked-after children placement, special guardianship support.
• Special educational needs — EHCP refusal, delay, content disputes (but final SENDIST tribunal route runs in parallel).
• Housing — homelessness duty failures, unsuitable temporary accommodation, decision delays (but Housing Ombudsman covers council tenancy management).
• Planning — administrative failure in planning decisions, enforcement delays.
• Council tax — collection conduct (not the rate of tax), exemption refusals.

The LGSCO publishes annual statistics, focus reports, and decisions database at lgo.org.uk/decisions. Reading similar decisions is the single most useful preparation for a complaint.