Process guides

Step-by-step instructions for the formal processes families most often need to navigate — appeals, assessments, complaints, and challenges.

Important: This site explains how the care system works in general and is provided for informational purposes only. It does not provide medical, legal, financial or care advice. Every family's situation is different, and what you find in practice may differ from what is described here. Use this as a starting point to understand the process and know the right questions to ask — not as a definitive account of what will happen in your case. Always verify information with the relevant professionals before making decisions. Full information disclaimer →

How to appeal a CHC decision

If your relative has been assessed and found not eligible for NHS Continuing Healthcare, you have the right to request a review. This is one of the most financially significant processes a family can pursue — a successful appeal means all care costs move to the NHS, regardless of savings. The process has defined stages and time limits. This guide takes you through each one.

This guide provides general information only and should not replace advice from relevant professionals. Information disclaimer →
1
Immediately after the decision
Request the decision in writing and understand what you received

The first thing to do is request the written outcome of the CHC assessment — the decision letter, the completed Decision Support Tool (DST), and the checklist if one was completed. You are entitled to copies of all of these. Do this in writing by email to the Integrated Care Board (ICB) that carried out the assessment.

The DST is the document that shows how your relative's needs were rated across 12 care domains. Each domain is rated as No Need, Low, Moderate, High, or Severe. Eligibility for CHC typically requires a Primary Health Need — usually indicated by one Severe rating, two High ratings, or a combination of factors across domains. Read the ratings carefully — errors in individual domain ratings are a common basis for successful reviews.

What to look for in the DST Check each domain rating against what you know of your relative's actual needs. If a domain has been rated lower than you believe is accurate, note it with specific examples — incidents, medical records, what carers have observed. Concrete evidence carries weight at review.
2
Stage 1 — within 6 months of the decision
Request a local review from the ICB

The first formal stage is a local review, requested from the Integrated Care Board (ICB) that made the original decision. You must request this within six months of receiving the written decision. Write to the CHC team at the ICB stating that you are requesting a local review under the NHS Continuing Healthcare review process, and give the specific reasons you believe the decision was incorrect.

At the local review, the ICB must consider any new evidence you submit. Bring medical records, care notes, GP letters, any specialist assessments, and your own documented observations of your relative's needs. A family member or advocate can attend with you. The ICB should complete the local review and give you a written outcome.

Get independent advice before the review The organisation Beacon provides up to 90 minutes of free independent advice specifically on CHC. Call 0345 548 0300. They can advise on what evidence to gather and how to present it.
Time limit The six-month deadline is strict. If you miss it without good reason the ICB may decline to review. If there is a reason for the delay — illness, bereavement, not receiving the written decision — state it clearly in writing when you submit the request.
3
Stage 2 — if local review fails
Request an Independent Review Panel

If the local review does not change the decision and you still believe it is wrong, you can escalate to an Independent Review Panel (IRP) via NHS England. This must be requested within six months of receiving the local review outcome.

The IRP is independent of the ICB. It considers the evidence and the process followed. It can uphold the original decision, find in your favour, or ask the ICB to reassess. The panel's recommendation is not automatically binding on the ICB, but the ICB must take it seriously and explain any departure from it in writing.

To request an IRP, contact NHS England's CHC Review team. The contact details will be in your local review outcome letter, or can be found via NHS England's website.

Parliamentary and Health Service Ombudsman If after the IRP you believe the process was handled unfairly or incorrectly, you can complain to the Parliamentary and Health Service Ombudsman. This is separate from the clinical eligibility question — it is about process failures.
4
Retrospective review
If CHC was never assessed — claiming back fees already paid

If your relative received care in a care home or at home during a period when CHC was never assessed, and you believe they would have qualified, you can apply for a retrospective review. This can potentially recover care fees paid during that period.

Retrospective reviews are complex and require detailed evidence of your relative's care needs during the period in question — medical records, care home records, GP notes. The process is the same in principle as a standard CHC review but the evidence gathering is more demanding because you are reconstructing a picture of needs from a previous period.

Independent advice is especially important here Beacon (0345 548 0300) and specialist CHC solicitors can advise on whether a retrospective review is viable in your specific case before you invest time in pursuing it.

How to challenge a financial assessment

If you believe the council's financial assessment has incorrectly counted assets, applied the wrong thresholds, or failed to disregard income or property it should have excluded, you can formally challenge it. This guide covers how to do that, what to check first, and what the formal process looks like.

1
Before challenging
Check what should and should not be included in the assessment

Before raising a formal challenge, verify what the rules actually say. The most common errors in financial assessments are: including the family home when it should be disregarded (because a spouse, civil partner, or dependent relative still lives there, or because the person is receiving care at home rather than in a care home); incorrectly valuing assets; failing to apply the correct capital thresholds for 2025/26 (£23,250 upper / £14,250 lower); and not disregarding income the rules say should be excluded.

The council must apply the rules set out in the Care and Support Statutory Guidance and the relevant charging circulars. These are public documents. The 2025/26 charging circular is available on GOV.UK and lists every category of capital that must be disregarded.

Get the written assessment first Request the written financial assessment in full — every figure, every inclusion, every disregard applied. You cannot challenge what you cannot see. The council must provide this.
2
First step
Write to the council — state the specific error and cite the rule

Write to the council's adult social care financial assessment team. Be specific: state exactly what you believe is wrong, cite the specific rule or disregard that applies, and ask for a written response. This letter creates a formal record and starts the clock on the council's obligation to respond.

Do not telephone. Written communication ensures everything is on record. If you email, follow up to confirm receipt.

Template letter — challenging a financial assessment

Adapt this for your specific situation. Fill in the [bracketed] sections.

To the Financial Assessment Team, Adult Social Care, [Council name] Re: Financial assessment for [full name], DOB [date of birth], [address] I am writing to formally challenge the financial assessment completed on [date] for the above-named person. I believe the assessment contains the following error: [Describe specifically what has been included or excluded incorrectly — e.g. "The family home at [address] has been included in the capital calculation. Under the Care and Support Statutory Guidance and the Care Act 2014, the property must be disregarded because [my mother's/my father's] spouse/dependent relative continues to reside there."] The relevant provision is: [cite the specific rule or disregard — e.g. Schedule 2, paragraph 2(1)(a) of the Care and Support (Charging and Assessment of Resources) Regulations 2014, or the 2025/26 charging circular section X]. I am requesting: 1. A written explanation of how the assessment was calculated 2. A review of the specific item identified above 3. A written outcome of the review within 28 days I am happy to provide any supporting documentation required. Yours sincerely, [Your name] [Your relationship to the person] [Contact details] [Date]
3
If the council does not resolve it
Use the formal complaints process and the Local Government Ombudsman

Every council must have a formal complaints procedure for adult social care. If the financial assessment team does not resolve the issue to your satisfaction, submit a formal complaint under that procedure. The council must acknowledge your complaint and give a written response within a set timeframe (typically 20 working days for stage one).

If the formal complaint does not resolve the issue, you can escalate to the Local Government and Social Care Ombudsman. The Ombudsman investigates complaints about councils and can recommend the council put things right, including repaying money charged incorrectly. There is no fee to use the Ombudsman. Contact: 0300 061 0614 or lgo.org.uk.

Keep all correspondence Every letter, email, and dated note of a phone call becomes part of the evidence record. If the matter reaches the Ombudsman, a clear chronological record significantly strengthens your position.

How to make a complaint about a care home

Every care home registered with the CQC is legally required to have a complaints procedure. Using it formally — in writing — creates a record and triggers obligations on the home to respond. This guide covers how to complain effectively, when to escalate beyond the home, and what the CQC's role is.

1
First step
Put the complaint in writing to the care home manager

All complaints to care homes should be in writing. Email is fine — it provides a timestamped record. Address it to the registered manager and state clearly: what happened, when it happened, who was involved, what the impact was on your relative, and what outcome you want. If you have already raised it verbally and nothing has happened, say so and give the date.

Under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, care homes must acknowledge a complaint in writing within three working days and provide a full written response within 28 days. If it will take longer, they must tell you and explain why.

Template — formal complaint to a care home

To the Registered Manager, [Care home name and address] Re: Formal complaint regarding the care of [resident's full name], Room [X] I am writing to make a formal complaint about the care provided to [name]. The complaint concerns the following: [Describe exactly what happened — be specific about dates, times, what you observed, what was said, who was involved. Describe the impact on your relative clearly.] I raised this concern verbally on [date] with [name/role] and was told [what you were told]. No satisfactory action has been taken. I am requesting: 1. A written acknowledgement of this complaint within three working days 2. A full written response within 28 days 3. [State the specific outcome you want — e.g. a change to the care plan, an explanation, an apology, confirmation of what action has been taken to prevent recurrence] Yours sincerely, [Your name] [Your relationship to the resident] [Contact details] [Date]
2
If the home does not respond satisfactorily
Escalate to the Local Government and Social Care Ombudsman

If the care home does not respond within the required timeframe, or their response is inadequate, you can escalate to the Local Government and Social Care Ombudsman (LGSCO). The Ombudsman investigates complaints about care homes — both council-funded and self-funded placements. There is no fee.

You should normally have exhausted the home's own complaints procedure first. If the home has failed to respond at all, or has responded inadequately, document this clearly when contacting the Ombudsman.

The Ombudsman can recommend financial remedies Where poor care has caused harm or loss, the Ombudsman can recommend the care home pay compensation. This is not automatic but is a recognised remedy where fault causing injustice is found.
3
Safety concerns
When to report directly to the CQC

If your complaint involves an immediate safety concern — a risk of serious harm to your relative or other residents — report it directly to the CQC without waiting for the home's complaints process. The CQC does not investigate individual complaints on behalf of families, but it does act on intelligence about safety risks when making inspection decisions. Use their online reporting form at cqc.org.uk or call 03000 616161.

If you believe a crime has been committed — theft, physical abuse, financial abuse — contact the police and the council's adult safeguarding team simultaneously. Do not wait for the home's complaints process to complete before doing this.

Adult safeguarding — who to contact For safeguarding concerns about a vulnerable adult in a care home in Bournemouth, Christchurch and Poole, contact BCP Council Adult Safeguarding Team: 01202 123654 (office hours) or 01202 738256 (out of hours).

How to request a needs assessment

A needs assessment from the council is the starting point for all care support. It is a legal right under the Care Act 2014 — no GP referral is required and no minimum level of need has to be demonstrated to trigger the right to one. This guide tells you exactly how to request one, what happens, and what to do if the council delays or declines.

1
Making the request
Write to adult social care — the exact words to use

Contact the adult social care department of the relevant local council — the council for the area where the person currently lives. For most people in this area that is BCP Council (Bournemouth, Christchurch and Poole). You can refer online, by phone, or in writing. Always follow up any phone call with a written confirmation so you have a dated record of when the request was made.

Template — request for a needs assessment

To Adult Social Care, [Council name — e.g. BCP Council] Re: Request for a Care Act needs assessment for [full name], DOB [date] I am writing to formally request a needs assessment under Section 9 of the Care Act 2014 for [name], who lives at [address]. [Name] is experiencing the following difficulties with daily living: [Describe specifically — e.g. mobility problems following a fall, difficulty managing medication, unable to wash and dress independently, becoming confused and leaving the house at night, no longer managing to prepare meals] I am [his/her] [son/daughter/spouse — state your relationship]. [If relevant: I am also an unpaid carer and would like to request a carer's assessment for myself at the same time.] I would be grateful for written confirmation that this request has been received and for details of the next steps and timescales. Yours sincerely, [Your name] [Relationship] [Contact details] [Date]
BCP Council Adult Social Care contact Telephone: 01202 123654 (Monday to Friday, 8.30am to 5pm)
Out of hours: 01202 738256
Online referral: bcpcouncil.gov.uk/adult-social-care
2
If the council delays or declines
What they are and are not allowed to do

The council cannot decline to carry out a needs assessment if the person appears to have care and support needs. There is no threshold that must be met before the assessment takes place — the threshold applies to whether needs are eligible for council support after the assessment, not to whether the assessment happens at all.

There is no set time limit in the Care Act for how quickly the council must carry out the assessment, but the statutory guidance says it must happen within a reasonable time. What is reasonable depends on urgency. If there is an urgent situation — for example, someone has just been discharged from hospital — this must be treated as a priority.

If the council is delaying without good reason Write formally stating that the delay is unreasonable and that you require the assessment to be completed within [state a timeframe — e.g. 14 days]. If it continues, you can make a formal complaint and ultimately contact the Local Government Ombudsman.
3
After the assessment
What to do with the outcome — and how to challenge it

After the assessment you will receive a written outcome. If eligible needs are found, the council must produce a care and support plan. If the council finds no eligible needs, they must tell you in writing and explain why. Even if needs are found to be below the eligibility threshold, the council must still give you information and advice about what support is available.

If you believe the assessment outcome is wrong — that needs have been underrated or missed — you can request a review of the assessment. Put this request in writing, state specifically which needs you believe were not properly assessed, and provide evidence. If a formal review does not resolve it, the council's complaints procedure and the Local Government Ombudsman are the next steps.

Content sourced from GOV.UK statutory guidance, NHS England and CQC regulations.

Last reviewed: March 2026

CareGuide UK

Free, independent guidance for families across England. Informational purposes only — not legal, financial or clinical advice.