Rulebook · Way to challenge

Formal complaint to the council

Using the council's own complaints procedure about how it has acted. Examples are delay, missed time limits, poor communication, or help in a plan not being arranged. The council investigates and replies in writing, usually in one or two stages. The Ombudsman normally expects this to happen first.

Who can use it: Parents, young people, and others affected, such as carers. Time limit: Each council sets its own timescales. The Ombudsman normally looks at complaints made within 12 months of the person affected first knowing about the problem.

Alongside other ways

Yes. It can run alongside an appeal about a different point and alongside talking to the council. It does not stop the appeal clock.

Cost

Free.

What it can do

• The council can apologise, put things right, set a date for overdue action, arrange missed provision, or offer a payment to recognise the impact.
• It can lead the council to change how it works.

What it cannot do

• It cannot change a decision that can be appealed, unless the council chooses to change its own decision. Only the Tribunal can order that.
• It does not stop or extend the time limit for an appeal.

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

route.complaint_council

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Local Government Act 1974, s 26(5)Law (Act or Regulations)
• Local Government Act 1974, s 26BLaw (Act or Regulations)

Related

• The council's duty to secure the provision (section 42)
• Personal budget
• Tribunal orders and the time limits to follow them
• Local Government and Social Care Ombudsman (LGSCO)

See the ways to challenge

The whole rulebook