Complaining about a council or public body: the public services ombudsmen

When a council, Social Security Scotland or another public body gets something wrong, there are two separate routes to put it right, and mixing them up is the most common reason a challenge stalls. If you disagree with a decision itself, such as a benefit award or a council tax discount refusal, the route is a review or appeal: a re-determination by Social Security Scotland, or an appeal to a tribunal or valuation appeal committee. If your complaint is about how you were treated, such as delays, lost paperwork or rude handling, the route is a complaint, first to the body itself and then, if it is not resolved, to an ombudsman.

In Scotland that ombudsman is the Scottish Public Services Ombudsman (SPSO). Its service is free, independent and impartial¹, and ombudsman services generally investigate complaints about organisations at no cost to the person complaining³. The SPSO's best-known role for money matters is the Scottish Welfare Fund: if a council has refused a crisis grant or community care grant and its own review has not changed the outcome, the SPSO carries out an independent second tier review and can direct the council to make an award¹.

This page explains how each route works, the deadlines that govern it, and where to get free help. The rules described here are Scotland's; the equivalent bodies elsewhere in the UK are covered briefly below.

What the Scottish Public Services Ombudsman does

The SPSO is the final stage for complaints about public services in Scotland. Its service is free, independent and impartial¹, which means it does not charge, it is not part of the bodies it investigates, and it does not take sides. Ombudsman services across the UK share this character: an ombudsman is a person who investigates complaints about organisations for free³.

Two features of the SPSO matter most to someone with a money problem. The first is its Scottish Welfare Fund role. The fund is a national grant scheme, underpinned by law and delivered by all 32 local authorities in Scotland¹, run by councils on guidance from Scottish Ministers⁴. When an applicant is unhappy with a council's first tier review of a crisis grant or community care grant decision, they can ask the SPSO to carry out an independent review¹, and the SPSO can direct a local authority to make an award following that second tier review¹. Tier 2 reviews have been carried out by the SPSO since 1 April 2016; before that, local authorities did them themselves⁴.

The second feature is its power to gather evidence. The Ombudsman may require local authorities to supply or produce information or documents which the Ombudsman considers necessary for conducting a review². In practice this means a review is not simply a re-reading of the council's file: the ombudsman can compel the council to hand over what is needed.

The SPSO is not, however, a substitute for a benefit appeal. If you think a Social Security Scotland decision about entitlement is wrong, the route is a re-determination and then a tribunal, not a complaint to the ombudsman. The ombudsman's complaint role covers how an application was handled, not the decision itself¹.

Which councils and public bodies each ombudsman covers

Each nation of the UK has its own public services ombudsman, and the route depends on where the body you are complaining about sits. For council tax complaints, the escalation routes are the Local Government Ombudsman in England, the Public Service Ombudsman for Wales in Wales, and the Scottish Public Service Ombudsman in Scotland⁵. Northern Ireland has its own separate arrangements for public bodies, and complaints about HMRC or the Valuation Office Agency anywhere in the UK go to the Adjudicator's Office, though that office cannot look at complaints about misconduct that could be considered by the Independent Office for Police Conduct or the Police Complaints Commission for Scotland⁶.

In Scotland the SPSO's reach covers the bodies that deliver most everyday public services, including the 32 local authorities that deliver the Scottish Welfare Fund¹. The Scottish Welfare Fund is managed by local councils⁷, so a crisis grant or community care grant complaint is always about a council, not about the agency that administers Scotland's disability and carer benefits.

Other ombudsmen cover different territory, and it is worth knowing where the boundaries sit so a complaint does not go to the wrong place:

The exclusions matter. The Pensions Ombudsman, for example, cannot consider complaints that are already being looked at, or have already been decided, by a court or employment tribunal, and the same applies if another ombudsman has already considered the complaint⁹. Choosing one route generally closes the others, so it is worth deciding which body the complaint is really about before starting.

Complain to the council or public body first

Every ombudsman scheme requires the organisation complained about to have the chance to put things right first. Where someone is unhappy with how an organisation handled their request, the first step in the process is a complaint to that organisation¹¹. The same principle runs through the financial ombudsman world: a complaint to the Financial Ombudsman Service begins with a complaint to the company involved¹⁰, and a formal complaint to the business comes first; if the business does not reply, or its final response is not satisfactory, the complaint can then be brought to the ombudsman¹². As the Financial Ombudsman Service puts it in its own guidance to consumers: "You need to do this first, or we can't get involved."¹³

The mechanics are consistent across schemes. Complain to the company first; if it does not send a final response within eight weeks, or you are unhappy with the response, you can bring the complaint to the ombudsman using its complaint form¹⁴. The Pensions Ombudsman applies the same rule: before applying, you must first make a formal complaint directly with the relevant party, such as the trustees or manager of your pension scheme, the administrator or an employer⁸.

For a public body in Scotland, this means using its own complaints procedure first. For the Scottish Welfare Fund, the statutory guidance is specific: the local authority should generally handle a complaint through the model Complaints Handling Procedure before the matter goes further¹. Keep a note of when you complained and what reply you received, because the ombudsman will want the final response, and for pension complaints the Pensions Ombudsman asks for full details of the complaint, the final response from any party at fault, any relevant correspondence, and copies of the policies and scheme rules under which the decision was made if you have them¹⁶.

Time limits for bringing a complaint

Ombudsman schemes set time limits, and they differ both between schemes and between the UK's legal systems, so it is worth checking the limit that applies to your complaint before assuming there is time to spare.

The Financial Ombudsman Service cannot help with a complaint brought more than 3 years after the complainant knows there is a problem¹⁷. The Claims Management Ombudsman applies the same three-year measure, counted from when the complainant became aware, or should have become aware, that there was a reason to complain¹⁸. The Pensions Ombudsman deals with complaints made within three years of whichever is later: the event being complained about, the date the complainant became aware of the problem, or the date they should reasonably have become aware of it⁹.

Claims against traders work differently, and Scotland's rules are longer than England and Wales's. In Scotland you have a limit of five years to make a claim, starting from the time you became aware there was a problem¹⁹, and the same five-year limit from discovery applies to a breach of contract claim against a trader for a problem with a service²⁰. These are court claims rather than ombudsman complaints, but they set the backdrop for consumer redress in Scotland, and the difference matters for anyone comparing their options across the border.

One further rule applies across ombudsman schemes: costs can occasionally run the other way. Ombudsman scheme rules may provide for an award against the complainant in favour of the scheme operator if the complainant's conduct was improper or unreasonable, or the complainant was responsible for an unreasonable delay²¹. This is rare, but it is the reason ombudsman processes ask for cooperation rather than confrontation.

Challenging a Social Security Scotland decision: redetermination, then tribunal

If you disagree with a Social Security Scotland decision about a benefit, the challenge route has two stages, and neither involves the ombudsman. If you do not agree with Social Security Scotland's decision, you have the right to ask them to take a fresh look at the decision, called a re-determination²². The same right applies to individual benefits: if you think your Carer Support Payment is wrong, you can ask Social Security Scotland to look at your benefit again, called a re-determination²³.

The starting point is the decision letter. Social Security Scotland will send you a letter with the decision, and this letter is called a notice of determination²⁴. The law says the letter must be clear and accessible, and give guidance and explanations about the decision that has been made²⁴. Social Security Scotland aims to make a decision after getting your completed application and any more information they need²⁴, and if you have a terminal illness, they will aim to make a decision as quickly as possible, in around 7 working days²⁴.

When the review is complete, Social Security Scotland will make a new decision called a determination²⁵. The review looks at the information they have and any new information you provide²⁵, so it is worth sending anything that has changed or was missed first time round. For disability benefits, Social Security Scotland will ask about changes to your day time care needs and night time care needs²⁵.

If the re-determination does not change the outcome, the next stage is an appeal to an independent tribunal. The time limit for an appeal is also normally 31 days²⁶. The tribunal is independent of Social Security Scotland, and it is the place where the decision itself, rather than the handling, is tested.

Deadlines for redeterminations and appeals

The deadlines in this area are short, and they differ between benefits, so the dates on the notice of determination deserve close attention.

Independent guidance sets out the time limits that apply across the process. The time limit for asking for a redetermination or an appeal is normally 31 days from the date of the decision being challenged, and 42 days for winter heating assistance²⁶. The time limit for an appeal is also normally 31 days²⁶. For funeral expense assistance, the period for requesting a re-determination is 31 days, beginning with the day the applicant is informed of the right to make the request²⁸.

Independent guidance adds detail the official statistics do not. The time limit for asking for a redetermination or appeal is normally 31 days from the date of the decision you are challenging, and 42 days for winter heating assistance²⁶. The time limit for an appeal is also normally 31 days²⁶. These figures come from charity guidance on revisions, appeals and complaints²⁶.

If a deadline is missed, all is not necessarily lost. The normal time limit can be extended to one year, but only if you have good reason for a late request²⁶. Currently this absolute time limit of one year can be extended further if the reason the redetermination or appeal is late is because of the Coronavirus outbreak²⁶.

Other appeal routes in Scotland have their own clocks. An appeal under the Protected Trust Deeds (Scotland) Regulations 2013 must be made no later than 21 days after the determination is made or the direction is given²⁹. A Council Tax Discount or Disability Reduction appeal goes within four months to the Valuation Appeal Committee in Scotland²⁶. Social Security Scotland publishes survey findings on re-determinations, appeals and complaints, most recently on 30 July 2025³⁰, which give a picture of how the system is performing.

Scottish Welfare Fund: independent review by the SPSO

The Scottish Welfare Fund is the clearest example of the SPSO having real power over a money decision. The fund is a scheme underpinned by law and delivered by all 32 local authorities¹, run by local authorities on guidance from Scottish Ministers³¹. It provides crisis grants and community care grants to people on low incomes, and to apply you contact your local council¹.

The review route has two tiers. If you are unhappy with a council's decision on your application, you can ask for a first tier review by the council. This will be someone other than the person who made the original decision³². The decision of the review should be in writing and should include an explanation of the decision and information about how to request an independent review by the SPSO¹. If after the review decision an applicant is still not happy, they can ask the Scottish Public Services Ombudsman for an independent review¹.

That second tier review is where the SPSO's power bites: the SPSO can direct a local authority to make an award following a 2nd tier review¹. The ombudsman can also require the council to produce information or documents considered necessary for conducting the review². Tier 2 reviews have been carried out by the SPSO since 1 April 2016, when the role passed from local authorities themselves⁴.

A few practical points from the statutory guidance are worth knowing. The Act allows local authorities to pay third parties to arrange for them to provide goods or services to successful applicants for assistance², so an award may arrive as goods rather than cash. The Scottish Prison Service has agreed to meet the cost of postage of Welfare Fund application forms, to allow individuals to submit their applications to local authorities². And the guidance itself is kept under review: a standing Statutory Guidance Review Committee reviews it annually¹.

Complaints about how an application was handled

Separate from any challenge to a decision is a complaint about the process. If an applicant has a complaint about the way their application was handled, the SPSO may be able to consider this, generally after the model Complaints Handling Procedure has run its course¹. In other words, the council gets the chance to respond first, and the ombudsman is the second stage.

What counts as a handling complaint is broad: delays, poor communication, lost documents, not being told about a right, or a process that was not followed. What it does not include is the outcome itself. A complaint cannot be used to reopen a benefit decision that should have been challenged by re-determination or appeal, and the deadlines for those routes run whether or not a complaint is in progress.

The same distinction exists in the pension world, where the Pensions Ombudsman may investigate and determine any complaint in relation to the administration of a scheme, involving an authorised complainant and the administrator of the scheme³³. Administration complaints and disputes about entitlement are handled through the same office, but the evidence requirements are set out in advance: full details of the complaint, the final response from any party at fault, any relevant correspondence, and copies of the policies and scheme rules under which the decision was made if you have them¹⁶.

For claims management companies, the Claims Management Ombudsman lists the complaints it can look at: unjustified or unclear fees, delays in progressing claims, inappropriate or incorrect claims advice, poor communication or customer service, and failure to follow instructions¹⁸. And if you are unhappy with how an ombudsman itself has handled your case, there is a route for that too: the Claims Management Ombudsman says that if you are not happy with the way it has handled your case, you can complain³³.

Complaints concerning or affecting children

Complaints that concern or affect children are subject to an additional requirement in Scotland. There is a requirement for complaints concerning or affecting children, or decisions taken which impact them, to be compliant with the SPSO Child Friendly Complaints Handling Guidance¹. In practice this means a council's complaints procedure, and the ombudsman's own process, must be accessible to a child making a complaint about their own treatment, and to complaints where a child is affected by the outcome even if an adult is complaining.

This matters for money-related complaints more often than might be expected. A Scottish Welfare Fund application is usually made by an adult, but a refused crisis grant or community care grant affects the children in the household. A complaint about how a benefit application was handled may concern a child's disability payment. Applications for the Scottish Child Payment can be submitted through mygov.scot³⁴, and the statistics on it are published to the professional standards set out in the Code of Practice for Official Statistics³⁵, so a family complaining about the handling of a child-related payment is within the scope of the child-friendly guidance requirement.

Contacting Social Security Scotland, including in BSL or by text relay

Social Security Scotland offers several contact channels, and the choice can matter for anyone with communication needs. Webchat is available at chat.socialsecurity.gov.scot. Help is available for people with questions, anyone unsure whether they need to report a change, those calling from abroad, and anyone who needs support completing the change of circumstances form or help getting information about a health change or sending documents.

Applications can be made online, by phone, by post or in person. For disability benefits, Social Security Scotland needs supporting information from a professional, like a doctor, physiotherapist or social worker, before it can make a decision on an application³⁶, so gathering that evidence early can shorten the wait.

Two points about how decisions are made are worth knowing before applying. People qualify for Adult Disability Payment or Child Disability Payment based on the impact of their condition on their daily needs³⁶. And the agency's own published position on condition-specific training is candid: "We do not deliver specific learning around Myalgic Encephalomyelitis/Chronic Fatigue Syndrome."³⁷ There is no formal policy regarding condition-specific awareness or training, although organisations can deliver information sharing sessions on an ad hoc basis, and sixteen such sessions took place in the eighteen months before July 2025³⁷. For anyone with a less common condition, this is a reason to make the supporting information from a professional as specific as possible.

Where to get help with a complaint or challenge

Free help exists at every stage, and none of these routes requires paying a claims manager or adviser.

For complaints and challenges to Social Security Scotland decisions, independent advocacy is available from Advocacy.scot, operated by Advice Direct Scotland, free on 0808 196 8901, at Advocacy.scot, or by email at support@advocacy.scot. The charity Contact publishes guidance on revisions, appeals and complaints for disability benefits, which sets out the time limits and the process in plain terms²⁶. The Scottish Government also supports organisations to give free debt advice³⁸, which is the right starting point where the underlying problem is debt rather than a single decision, and the site's guide to debt options across the nations covers how Scottish solutions such as protected trust deeds differ from elsewhere in the UK.

For related money questions that sit alongside a complaint, the site has guides on council tax in Scotland, devolved benefits and the Scottish public sector pensions that the Pensions Ombudsman can look at, and on consumer protection in UK financial services where the complaint is about a business rather than a public body.