Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S5W-01909 · Session 5

What action a complainer can take under the Social Work (Scotland) Act 1968 if an older person sustains an injury because a local authority…

Answered Asked by Alex Cole-Hamilton LD Lodged 11 Aug 2016

The question

To ask the Scottish Government what action a complainer can take under the Social Work (Scotland) Act 1968 if an older person sustains an injury because a local authority has failed to provide suitable and adequate residential accommodation.

The answer

Answered by Aileen Campbell on 1 Sep 2016 · 21 days after it was lodged, on time

Complaints raised under the Social Work (Scotland) Act 1968 are to be handled by local authorities in accordance with the Local Authorities Complaints Procedures Directions (SWSG 5/1996), which are published on the Scottish Government website: http://www.gov.scot/Resource/Doc/1035/0017124.pdf
From 1st April 2017, following the passage of the Public Services Reform (Social Work Complaints Procedure) (Scotland) Order 2016, complaints under the Social Work (Scotland) Act will be subject to a revised procedure, with stage 3 of complaints proceeding direct to the Scottish Public Services Ombudsman (SPSO). The Ombudsman's role has been enhanced to allow him to consider the merits of decisions made by local authorities in relation to social work services.
The SPSO will publish model complaints handling procedures in advance of April 2017. These are likely to specify a timebar for complaints about social work services similar to that in place for local authorities: the complaint must be raised within six months of the person becoming aware of the issue.

In the Official Report

No contribution in the Official Report cites S5W-01909 by reference.