However the care component of DLA, and Attendance Allowance are often taken into account. A Local Authority is not allowed to withdraw a service, or reefer to provide a service under section 2 of the CSDP Act if you fail to pay. Local Authorities do have the right to take you to court to try to recover money owed to them. This course of action is rarely used, and in most cases, if there is a problem with meeting charges, Local Authorities will try to resolve the situation informally. Since April 1993, all Social Services Departments must have a formal complaints procedure, and al of users of Social Services have a right to complain.
Complaints based on points of law are fairly straightforward.
These include many of the issues raise already in this factsheet, such as withdrawing a service, refusing to carry out an assessment, or refusing to meet an identified need. Complaints about delays in carrying out an assessment or providing a service are more complicated. Complaints about the service being provided, the number of hours of home or help or the extent of adaptations, are likely to be more complex because they relate to an individual's view of their own needs and circumstances and not to general points of law. This type of complaints has to be considered individually, and a judgement made as to whether the Social Services Department has acted unreasonably given the particular circumstances of the case. The Ombudsman can recommend that the Local Authority take certain actions and or pay compensation if it is found to be in the wrong.