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)
You can also e-mail firstname.lastname@example.org or phone 0800 389 6809.
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
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