Taking on a Local Authority

Update September 2025 – Ombudsman Guide to Complaint Handling

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This page also includes information about Monitoring Officers, who deal with alleged Council unlawfulness. Click here to go straight down to information about Monitoring Officers

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In March 2025, the LGSC Ombudsman launched a new guide for local councils on handling complaints about adult social care services.

The guide sets out how local councils in England should handle complaints, based on the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.

It includes a new model which allows councils to try to resolve complaints early, before moving on to having a closer look at issues raised where this is not possible.
 

Government encouraging use of Complaints Handling Code

September 2025, the Government has written to councils across England encouraging them to take up the ombudsman’s Complaints Handling Code within their own complaints handling processes. The letter highlights the positive benefits of good complaint handling.

Baroness Taylor of Stevenage, the Parliamentary Under-Secretary of State for Housing and Local Government also responded positively to three of the requests the ombudsman service has made to government to improve local redress for people in England, including:

• Simplified legislation to give clear, straightforward powers of investigation for all local government services

• Mandatory signposting by (independent) adult social care providers to our service

• Giving us the power to investigate the implementation of Education, Health and Care Plans, support for children with additional needs, admissions and exclusions in schools
 

The Ombudsman, Ms Amerdeep Somal, said:

“We welcome the Government’s encouraging response to the proposals contained within our Triennial Review and its support for our Complaint Handling Code.

“I look forward to working positively with the Ministry in future to improve local complaints processes and ensure they reflect the significant changes happening in local government at the moment.”

Guidance designed for councils but more widely useful

Although the guide is aimed at people working for local councils, it will also help service users and their families understand what they should expect when challenging decisions or making a complaint about the care they or their loved ones have received.

The complaint handling guidance is here (external link will open in a new browser tab or window)

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What to do when you have a problem with social care services?

We frequently receive emails and phone calls from people who have a problem with services they receive from their local authority, either for themselves or someone they are caring for. As council budgets are increasingly under pressure, and demand for services is going up, it is no surprise that there may be a gap between what is offered and what is expected when it comes to social care services.

Monitoring Officers are responsible for investigating unlawfulness

If you have an issue with a local authority, there is an easy – and free! – way of raising your concerns. It is not much talked about, so you may well not realise that every council has a “Monitoring Officer“, whose brief is to look out for incidents of alleged unlawfulness within the council.

The duties of a Monitoring Officer were established under the Local Government and Housing Act 1989. If they become aware of any proposal, decision or omission by the local authority that has led, or is likely to lead, to a contravention of any statute – like the Care Act – or Regulations – like the Assessment Regulations – or rule of law, they have to prepare a report and arrange for each member of the authority to receive a copy. While members are considering the report, the relevant actions or proposals are automatically suspended. They have 21 days to consider the report.

MOs have to look into any matters referred to them

To keep Monitoring Officers independent, they are protected from dismissal, except through special steps. The creation of the office is intended to manage legal risk in an effective way, thus minimising the need for legal proceedings. The MO or their deputy is personally responsible for considering any matter referred to them which involves a coherent statement that the local authority is in breach of the law in something it has done or failed to do. They can’t just ignore it. If they believe that the case you have brought to their attention is not a matter of unlawfulness, they should provide you with the reasons why they have reached this conclusion. The council has to provide the Monitoring Officer with the resources necessary to do their job, including paying for legal opinion, if it is outside the expertise of the MO.

As you know, there is a Local Authority Ombudsman scheme for problems with council services, but the ombudsman will not consider your case until you have made a complaint to the council and received no satisfaction. Making a representation to the Monitoring Officer is an effective way of showing that you have tried to resolve the issue with the LA.

Information from Belinda Schwehr of CASCAIDr CIC

This information about the role of Monitoring Officers comes from Belinda Schwehr, the leading expert in adult social care law. She has also put together a list of contact details for nearly all MOs in the country. It is downloadable as a PDF from the page link above. (link will open in a new browser window)

Although approaching a Monitoring Officer is free, it does require you to understand the law sufficiently to be able to make a case as to why you believe the authority is acting in contravention of it.

If you are in a dispute with your local authority about adult social care, CASCAIDr CIChas excellent information resources. (link will open in a new browser window)
 

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Further reading and resources

Limited powers of ombudsman

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