Challenging a Care Funding Decision in Scotland: Appeals, Complaints and the SPSO

You have been told your parent does not qualify for council-funded care, or the financial assessment seems wrong, or a care home placement has been refused. It feels final, but it is not. Scottish councils make mistakes, and you have clear routes to challenge decisions that do not seem right.

When to Challenge

Common situations that warrant a challenge include:

• The financial assessment has included assets that should be disregarded (such as a property where a spouse still lives)
• Your parent has been classified as a self-funder but their capital is close to the threshold
• The council has made a deprivation of capital ruling that you believe is unfair
• A needs assessment has understated your parent's care requirements
• The council has refused to fund a specialist dementia placement when no suitable standard placement exists

Stage 1: Frontline Resolution

Every Scottish council follows a standardized two-stage complaints procedure. Stage 1 is frontline resolution — the council aims to resolve your complaint within five working days.

Put your complaint in writing. Be specific: state which decision you are challenging, what you believe is wrong, and what outcome you want. Reference the specific legislation or policy the council should have followed. For financial assessments, cite the National Assistance (Assessment of Resources) regulations. For needs assessments, reference the National Eligibility Framework.

Stage 2: Formal Investigation

If Stage 1 does not resolve the issue, request a Stage 2 investigation. This is a formal review conducted by a senior officer who was not involved in the original decision. The council has 20 working days to investigate and respond.

At Stage 2, gather supporting evidence: bank statements showing the correct capital position, medical reports documenting care needs, records of any financial transfers with contemporaneous evidence of the motivation behind them.

Escalation to the SPSO

If you remain dissatisfied after completing both stages, you can escalate to the Scottish Public Services Ombudsman (SPSO). The SPSO is an independent body that investigates complaints about councils, NHS boards, and other public services in Scotland.

The SPSO can recommend that a council reconsider its decision, apologize, or change its procedures. While the SPSO cannot force a council to act, its recommendations carry significant weight and are almost always followed.

You must complete the council's own complaints process before the SPSO will accept your case. The time limit is normally 12 months from the date you first became aware of the issue.

Free Advocacy and Support

You do not need to navigate this alone. The Patient Advice and Support Service (PASS) provides free, independent advice on healthcare complaints. Your local Citizens Advice Bureau can help with social care and financial assessment disputes. For dementia-specific issues, Alzheimer Scotland's helpline can connect you with local advocacy services.

If the dispute involves a legal question about your parent's rights under the Adults with Incapacity Act, free initial legal advice may be available through the Scottish Legal Aid Board's Advice and Assistance scheme.

For templates and step-by-step guidance on writing effective complaint letters, see our Scotland Dementia Care Guide.

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