If you are unhappy with your support

There may be times when you are unhappy with your support.

You should not feel like you have to make do with what you have. There may be other options for you to get the support you need, in a way that suits you better.

Find out more about what to do if you want to change your support or explore other options.

 

If your council arranges and manages your support for you

If your council arranges and manages support for you, speak to your social worker to let them know you are not happy with your support.

Explain why you are not happy.

For example, is it a problem with the support workers? Is it a problem with the way the support is provided?

It is often best to try to resolve any issues informally first.

If you are still not happy, you can make a formal complaint to your council. Find out more in the article: How to challenge decisions

You may also want to consider taking more responsibility for arranging your support. Find out more about this in this section: Your options for controlling your support

 

If you use a support provider organisation or agency

You may get support from a support provider organisation or agency, rather than services from the council.

If you are not happy with their service, you can contact them to explain why.

It is often best to try to resolve any issues informally first.

If you are still not happy, you can make a formal complaint to organisation. Find out more in the article: How to challenge decisions

If you want to explore getting support from a different organisation or agency, try to find out what is available in your area.

You can search the Care Inspectorate website for support providers.

A local Independent Support Service may also be able to help you find out what else is available. You can find your local Independent Support Organisation using the Find Help search tool.

The Independent Support Organisation may also be able to support you to work with your current support provider or agency to try to sort out any issues.

You may also want to consider taking more direct control over your support by employing your own Personal Assistants. Find out more about this in this section: Your options for controlling your support

 

If you employ Personal Assistants

If you employ Personal Assistants (PAs) and there is anything you are not happy about, there is support available to help you manage this.

You may be able to get help from a local Independent Support Organisation. You can find their details using the Find Help search tool.

You may also be able to get help from your insurance provider. They can often give advice about managing difficulties with PAs.

You can also read the PA Employer Handbook, which has lots of information and advice about dealing with specific situations.

 

Next steps

It can be helpful to speak to an Independent Support Organisation for help and advice if you want to change your support. You can find details for organisations like these using the Find Help search tool.

You can also read the information in the article: How to challenge decisions

The SDS Standards give guidance to local councils to help them deliver social care support well.

These SDS Standards are not laws, but they describe what good Self-directed Support looks like. Councils should work towards these Standards.

When it comes to changing your support if you are not happy, here is what the Standards say:

  • You have the right to be heard and should be supported to question and challenge decisions throughout your assessment, support planning and review processes, including decisions about outcomes (the things that are important to you) (5.2)
  • Councils should make you aware of your human rights so you can challenge decisions on that basis.  (5.2)
  • Councils should have transparent and supportive processes for you to challenge and appeal all decisions which affect your experience of social care support. (5.2)
  • You should be supported to challenge decisions which do not uphold your human rights, including escalating complaints to the Scottish Social Services Council (SSSC), the Care Inspectorate and the Scottish Public Services Ombudsman (SPSO). (5.2)
  • Councils should have an easy and transparent process in place for making a complaint (5.4)
  • Councils’ complaints processes should be compliant with Self-directed Support legislation, values and principles, and Equalities and Human Rights legislation. (5.4)

You can read the full SDS Standards here.

The SDS Statutory Guidance is legal guidance written for local councils to tell them how social care support (Self-directed Support) should work.

It says:

  • If you get support from your council and you are not happy with it, your council should tell you how you can make a complaint using their complaints policy.
  • You, your family and carers have the right to access a simple, timely and accessible formal complaints procedure if you feel you have been unfairly or unreasonably treated, or if you wish to challenge a decision that your council has made about your support.

You can read the part of the Guidance that says this here.

Part of
Last Updated
18 December 2024
First Published
24 March 2024
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Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.