Disagreeing with a decision made about a vulnerable relative is one of the most distressing situations a family can face. You may feel unheard, frustrated, or simply unsure where to turn. The good news is that you have real rights, and there are clear steps you can take, from asking for an informal review right through to applying to the Court of Protection. This guide walks you through those routes in order.
This article provides general information about the process of challenging social services decisions in England and Wales. It is not legal advice. If you need advice about your specific situation, please speak to a qualified solicitor.
How to challenge a social services decision about a relative is a question we hear often from families dealing with some of the hardest circumstances imaginable. The decisions that most commonly prompt a challenge include:
These are all health and welfare decisions. Disputes about funding, means assessments, or financial matters are separate issues handled by other specialists, and fall outside the scope of this guide.
The first step is almost always an informal one. Ask the social worker or their manager to explain the decision in writing and give you the reasons behind it. This matters because you need to understand the basis for the decision before you can challenge it effectively.
Request a review of the decision and, where relevant, ask to attend a best interests meeting. Under the Mental Capacity Act 2005, where a decision concerns an adult who may lack capacity, the local authority must carry out a proper best interests assessment and must consider the views of family members. If you have not been consulted, say so clearly and in writing.
Keep a record of everything. Note the date of every conversation, save every letter, and confirm key points in writing after phone calls. This documentation will matter if you need to escalate.
If the informal route does not resolve things, the next step is the formal complaints procedure. Every local authority in England is required by law to operate a statutory complaints process for social care support and welfare decisions.
Write to the local authority’s complaints team. Set out clearly which decision you are challenging, why you believe it is wrong, and what outcome you want. Keep your complaint focused and factual. You can get help drafting it from Citizens Advice or a solicitor.
The local authority must acknowledge your complaint promptly and investigate it within a reasonable timescale. Most local councils aim to respond at Stage 1 within ten working days. If you are not satisfied, you can escalate to Stage 2, which involves a more formal investigation. If the complaints procedure still does not resolve the matter, you can ask for a Stage 3 panel review.
If you have exhausted the local authority’s process and remain unsatisfied, you can complain to the Local Government Ombudsman. In England, this is the Local Government and Social Care Ombudsman (LGSCO). The public services ombudsman role in Wales is carried out by the Public Services Ombudsman for Wales. The Ombudsman can investigate whether the local authority acted fairly and followed the correct process, and can recommend remedies. You can find guidance on how to make a complaint at GOV.UK.
The complaints process deals with procedure and fairness. But sometimes the disagreement goes deeper than that. You may believe the decision itself is wrong, not just how it was made.
Where the decision concerns an adult who lacks the mental capacity to make it themselves, for example a decision about where they should live, who they can have contact with, or what care they should receive, the Court of Protection has the power to decide what is in that person’s best interests. Critically, it can overrule the local authority.
The Court of Protection is not a last resort reserved for extreme cases. It exists precisely to resolve genuine disputes about the welfare of adults who lack capacity. A judge will hear evidence from all parties, including the family, and make a decision based on the person’s best interests under the Mental Capacity Act 2005.
This is the route we most commonly advise families to consider when social services have made a decision that the family believes is wrong and informal routes have failed.
Judicial review is a legal process by which a court reviews whether a public body, such as a local authority, has acted lawfully. It does not ask whether the decision was the right one, but whether the authority had the power to make it and followed the correct legal process. It is a complex and relatively costly route, and is usually considered where the authority has acted outside its powers or in a procedurally unfair way.
If your relative is being deprived of their liberty under a Deprivation of Liberty Safeguard (DoLS) authorisation, there is a specific legal route to challenge this. Under Section 21A of the Mental Capacity Act 2005, you can apply to the Court of Protection to challenge the authorisation. Our Deprivation of Liberty team advises on these applications regularly. This is a distinct route from the general complaints process and can move quickly when needed.
It is worth being honest about what the courts look for, so you can assess your position clearly.
For a Court of Protection application to succeed on welfare grounds, you generally need to show two things. First, that the person lacks the mental capacity to make the decision in question, assessed under the Mental Capacity Act 2005. Second, that the proposed outcome, whether the local authority’s plan or an alternative, is or is not in the person’s best interests.
For a judicial review to succeed, you need to show that the local authority acted unlawfully, irrationally, or failed to follow a fair process. The threshold is high, and the court will not simply substitute its own view for that of the authority.
These are not insurmountable hurdles, but they are real ones. A solicitor can help you assess whether the facts of your case meet them before you commit to a course of action.
Legal advice becomes particularly valuable at certain points in this process. You should consider speaking to a solicitor if:
Legal aid may be available for Court of Protection health and welfare cases and for Section 21A deprivation of liberty challenges. Eligibility depends on means and merits. Our legal aid team can advise you on whether you qualify.
Yes. Families have clear rights to challenge decisions made about a vulnerable adult relative. You can request an informal review, use the formal complaints process, escalate to the Ombudsman, or apply to the Court of Protection where the person lacks capacity.
Write to the local authority’s complaints team, setting out the decision you are challenging, your reasons, and the outcome you want. The authority must investigate and respond. If you remain unsatisfied, you can escalate through the stages of the complaints procedure and ultimately to the Local Government and Social Care Ombudsman.
Yes. Where a decision concerns an adult who lacks mental capacity, the Court of Protection can make a ruling on what is in that person’s best interests and can overrule the local authority’s decision. This applies to decisions about residence, care, contact, and deprivation of liberty.
Legal aid may be available for Court of Protection health and welfare cases and for challenges to deprivation of liberty authorisations under Section 21A. Availability depends on your financial means and the merits of the case. A solicitor can advise you on eligibility.
There is no single fixed deadline, but acting promptly matters. For judicial review, you must generally bring a claim within three months of the decision. For Court of Protection applications, there is no strict time limit, but delay can affect the outcome. If you are concerned about timescales, seek legal advice as soon as possible.
If your relative has mental capacity, they have the right to make their own decisions, even ones others disagree with. In that case, support planning and advocacy services may be more appropriate than a legal challenge. Citizens Advice can help identify the right public services and advocacy routes.
When you have done everything you can through informal channels, and the decision still stands, it is time to get specialist legal support. At Welford Solicitors, our Health and Welfare team works with families who need to challenge decisions made about vulnerable adults, whether through the Court of Protection, a Section 21A application, or another legal route. We will listen carefully, assess your position honestly, and advise you on the steps most likely to make a difference. Contact us or call us at 01162745252 to arrange a consultation with our team.