What do I do if my care plan has not identified my needs?

If this is not satisfactory, you may need to make a complaint.

Before you make a complaint, it is important to have as much information as possible about how the local authority came to its decision. Under the Data Protection Act 1998, you can ask the social services department for a copy of your file, which they should provide within 40 days, though they may charge you for this.

Read through this file and note anything which you disagree with. You can use these notes as a basis for your complaint.

It is also useful to have a copy of the local authority’s complaints procedure. Familiarise yourself with this. Most have 3 stages:

• the informal stage,
• the registered stage
• and the review stage.

Start by complaining informally and attempt to settle things by negotiation. Write down a list of what you feel was not mentioned in the assessment so that you can be very clear when you speak to staff.

Even from the first stage, it is a good idea to keep a record of your complaint, of any phone calls or letters you receive regarding it. Write down whom you spoke to, when and what exactly you discussed. As it often takes a long time to resolve complaints, it can become confusing otherwise to remember exactly what has occurred.

If this does not work, you will need to log a written complaint. Download a draft letter which should help you (22 kb)

The Rethink National Advice Service can advise you about how to make a complaint and the various bodies you can apply to, for example the Local Government Ombudsman or Judicial Review. Contact the advice service by ‘phoning 020 8974 6814 (open Mon-Fri, 10am-3pm), writing to Rethink Advice, 28 Castle Street, Kingston upon Thames, SURREY KT1 1SS or emailing advice@rethink.org