Letter to challenge a care needs assessment: free template

Send a letter challenging a care needs assessment when the council’s decision does not reflect the help your relative really needs: needs were missed, they were wrongly found not eligible, or the hours offered are too few. The letter should ask the council to reconsider and reassess, point to the duties in sections 9 and 13 of the Care Act 2014 and the national eligibility criteria, and say that it is a formal complaint if the council will not reassess. If that fails, the Local Government and Social Care Ombudsman (LGSCO) can investigate.

In short

• Section 9 of the Care Act 2014 requires a needs assessment for anyone who appears to need care, regardless of their finances or the council’s view of how severe their needs are.
• Needs are eligible if the person cannot achieve 2 or more of the 10 outcomes in the Eligibility Regulations 2015 and this has, or is likely to have, a significant impact on wellbeing.
• The council must give a written record of the eligibility decision and its reasons (section 13(2)).
• Complain within 12 months; the council must acknowledge within 3 working days and explain in writing if it has not replied within 6 months.
• The LGSCO investigates once the council’s process is finished, normally within 12 months of you first knowing about the problem.

When to use this letter

Use it when you have the council’s decision in writing and think it is wrong. Common reasons families challenge an assessment include:

• The assessor saw your parent on a good day and missed needs that come and go.
• Help you give as a family was counted against your parent’s eligibility.
• The assessment was a short phone call that missed safety risks such as falls or forgetting medication.
• The decision letter gives no reasons, or the hours offered cannot cover what the assessment itself records.
• Your parent has dementia or another condition affecting understanding, and no one supported them to take part.

If needs have simply changed since the assessment, a request for a review or reassessment may be enough without a complaint. Our guide to preparing for a care needs assessment helps you get the next one right.

What to gather first

• The written record of the assessment and the eligibility determination. The council must give you both (sections 12(3) and 13(2)). Ask for them if you only have a summary.
• Evidence of need: GP and hospital letters, occupational therapy reports, falls records, a one-to-two-week diary of what help was needed and when.
• A short statement from you about what you do as a carer and what you can no longer manage. You can ask for your own carer’s assessment at the same time.
• Authority to act: your parent’s signed consent, or a lasting power of attorney or deputyship.

The letter template

Replace the text in square brackets and delete any point in section 3 that does not apply. Lead with specific examples; the legal references support them, not the other way round.

Print or save this letter as PDF

How to send it

• Email it to adult social care, using the address on the decision letter, and ask for an acknowledgement. Post copies with proof of delivery if you prefer.
• Keep copies of the letter, the evidence and every reply, and a log of calls.
• Act promptly. The complaints rules give 12 months from the decision or from when you first knew of the problem; councils can accept a later complaint with good reason.
• If your parent is at risk now, say so in the first line and ask for urgent help. Section 19(3) lets the council meet urgent needs before an assessment is complete.

What happens next

The council may agree to reassess straight away. If it treats your letter as a complaint, the 2009 complaints regulations apply:

If your parent already has a care and support plan, the council must review it on a reasonable request (section 27(1)(b)). The Care and Support Statutory Guidance, paragraph 13.23, says a review should normally go ahead unless the council is reasonably satisfied the plan remains sufficient, and paragraph 13.25 says a refusal should give reasons and explain how to take it further.

Escalating to the ombudsman

If you are unhappy with the council’s final response, or it has not replied within a reasonable time, which the LGSCO says is usually up to 16 weeks, complain to the LGSCO. It is free. The legal time limit is 12 months from when the person affected first knew about the matter, which the ombudsman can disapply. Complain online or call 0300 061 0614.

The ombudsman looks at fault in how the decision was made, such as ignoring evidence, not involving the right people or failing to give reasons. It can recommend a fresh assessment, an apology or a payment, but it does not usually carry out the assessment itself. Where there is a serious legal error and an urgent risk, judicial review may be an option; it has strict time limits, so speak to a community care solicitor quickly.

For the wider picture, see our guide to your rights under the Care Act 2014. If the dispute is about money rather than needs, see financial assessments for home care or direct payments and personal budgets. Our funding checker shows what help may be available, and more templates are on the letter templates and checklists page.

Scotland, Wales and Northern Ireland

The Care Act 2014 applies in England only. In Scotland, assessments fall under the Social Work (Scotland) Act 1968 and complaints go to the council, then the Scottish Public Services Ombudsman. In Wales, the Social Services and Well-being (Wales) Act 2014 applies, with the Public Services Ombudsman for Wales as the final step. In Northern Ireland, Health and Social Care Trusts assess needs and complaints can go on to the Northern Ireland Public Services Ombudsman. See our guides to Scotland, Wales and Northern Ireland.

Frequently asked questions

Can you appeal a care needs assessment?

There is no formal appeal or tribunal for care needs assessments in England. Instead you ask the council to reconsider or reassess, and if that fails you make a formal complaint under the 2009 complaints regulations. If you are still unhappy, the Local Government and Social Care Ombudsman can investigate. In a few serious cases, judicial review is possible, so get legal advice quickly.

How long does a council have to respond to a complaint about an assessment?

The council must acknowledge your complaint within 3 working days and offer to discuss how it will be handled and how long it will take. If it has not sent a full response within 6 months, or a longer period you agreed, it must write to explain why. The ombudsman says up to 16 weeks is usually a reasonable time to wait.

What are the eligibility criteria for social care in England?

Under the Care and Support (Eligibility Criteria) Regulations 2015, needs are eligible if they arise from a physical or mental impairment or illness, the person cannot achieve two or more of ten specified outcomes, such as washing, eating or using the home safely, and as a result there is, or is likely to be, a significant impact on their wellbeing.

Can the council take my help into account when deciding eligibility?

Not at the eligibility stage. The Care and Support Statutory Guidance, paragraph 6.15, says the council must consider all of the person’s needs regardless of support from a carer, and that care you provide must not influence the eligibility decision. It can take into account what you are willing and able to do later, when planning care.

Is there a time limit to complain about a care assessment?

Yes. You should complain to the council within 12 months of the decision, or of when you first knew about the problem, although the council can accept a late complaint if there is a good reason and it can still investigate fairly. The ombudsman also normally expects complaints within 12 months of you first knowing about the problem.

Can I ask for a reassessment if my mum’s needs have changed?

Yes. If she has a care and support plan, the council must review it on a reasonable request, and if her circumstances have changed in a way that affects the plan it must reassess her to the extent it thinks appropriate. Put the request in writing with recent evidence, such as GP letters, hospital notes or a fall diary.

Sources

• Care Act 2014, section 9 (assessment of needs)
• Care Act 2014, section 13 (the eligibility criteria)
• Care Act 2014, section 27 (review of care and support plan)
• Care and Support (Eligibility Criteria) Regulations 2015, regulation 2
• Care and Support Statutory Guidance (DHSC)
• Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
• Local Government and Social Care Ombudsman: How to complain

General information, not legal or financial advice. Figures for 2026/27, checked October 2026.

Reviewed by The Care Panel team on 29 October 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.