Deafblind rights factsheet-9
What to do if you don’t get what you should

If you don’t receive what you are entitled to, there are two possible things you can do. You can make a formal complaint or take legal action.

Complaints
All Local Authorities must have a complaints procedure and must provide you with information on their procedure. By law the complaints procedure will have:

•The informal stage - no time limit, based on mediation.
•The registered stage - a complaint in writing, the complainant should state that it is a formal complaint, to be registered.
•Review stage - it consists of a hearing of three people, one of whom is independent.

At all stages of the complaints procedure and indeed with all dealings you have with your local authority - make sure you keep a copy of EVERYTHING in writing. 

This includes written confirmation of agreements made over the telephone as well as keeping all correspondence. 

There are a number of organisations that can help you during the complaints procedure - please see the Factsheet 10. The local authority should keep you informed of the progress of your complaint. If you do not get a satisfaction through the complaints procedure, you can complain to the Local Authority Ombudsman.

It is worth informing your local Councillor and your MP about your complaint. 

Legal action
If you feel you have a strong legal case, (for example, if you are assessed as needing a service but social services are not providing it,) you might consider taking legal action. This won’t necessarily mean going to court. If your case is strong the local authority will often agree to settle long before this stage is reached.

You would need the help of a solicitor, but you may be entitled to free help through the Community Legal Service (the new name for legal aid). 

To find a solicitor in your area consult the Community Legal Service website, www.clsdirect.org.uk and search for someone who specialises in Community Care. Sense cannot give you legal advice, nor can we recommend a solicitor. However, if you can’t access the internet we can help identify some local solicitors for you to approach.