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What to do if you have a complaint about how your claim is dealt with

Applies to:  England, Wales, Scotland and Northern Ireland

You have the right to expect a reasonable standard of service from the people dealing with you benefit claim you should consider complaining. Service includes things such as meeting target times for dealing with claims and providing interpretation facilities.  Most offices that deal with benefits, including your local council, will have a charter or statement of standards of service that sets out and what you can expect. You will be able to get this from their offices or websites.

You can make a complaint if, for example:

• you have received poor service, or
• you have been disadvantaged because of their mistakes or a slow response, or
• they have discriminated against you.

You can complain whether or not you have made a claim for benefit. However, if you have claimed a benefit and you think a decision is wrong, you will not be able to change the decision by making a complaint. You will have to challenge the decision as well (see above).

If you make a complaint, it may result in:

• an apology for what has happened
• an explanation of how the problem occurred 
• a promise that the problem will be put right, if this is possible
• a change in procedure –  this will help other people in the future, and could help you if you have to use the same office again
• Financial compensation, although this only applies in certain circumstances. 

Who do you complain to?

You should make your complaint to the office that caused the problem. This could be the office that dealt with your claim or it could be a different office where you made an enquiry and got advice. It could be one of the following:

• Housing  Benefit (England, Wales, Scotland) and Housing Benefit (Northern Ireland) and Council Tax Benefit: your local council (the Northern Ireland Housing Executive and the Rates Collection Agency in Northern Ireland)
• Other benefits (except Child Benefit and Guardian’s Allowance): the benefits office, job centre or Job Centre Plus, unless you are over 60
• Pension Credit, State Retirement Pension, and other benefits and Social Fund payments for people over 60: the Pension Service
• Tax Credits: to HM Revenue and Customs Tax Credit Office
• Child Benefit or Guardian’s Allowance: HM Revenue and Customs Child Benefit Office
• Medical examinations for benefits: the Medical Services Department of the Department for Work and Pensions (link opens in a new window) .

You may be able to complain informally by talking to a manager at the relevant local office, or just to another member of staff. If this does not sort out the problem, you may need to put the complaint in writing.  Make sure you keep a copy of anything you write down.

Most organisations have their own internal complaints procedure that should be available on request. There will usually be a customer service manager or equivalent who acts as a point of contact for complaints. There will then be further formal stages for dealing with the complaint.

This information has been produced by Citizens Advice. 

Date of publication: 5 November 2008