A council may charge for many adult social-care services, subject to the Care Act framework, regulations and statutory guidance. The dispute may concern the financial information used, capital treatment, income, minimum-income protections, disability-related expenditure, deprivation rules or failure to explain the calculation.
Key points
- Ask for the complete written financial assessment and calculation.
- Identify whether the service is chargeable and which charging rules apply.
- Provide evidence for disability-related expenditure and explain why each cost is necessary because of disability.
- Challenge the assessment promptly and keep payment, complaint and debt-recovery issues visible.
Financial assessment
Require a calculation that can be checked
- assessment period and service charged
- income included and disregarded
- capital and property treatment
- allowances and minimum-income protection
- disability-related expenditure allowed or refused
- assumed or actual benefits income
- weekly contribution and effective date
- arrears, backdating and payment allocation
Disability-related expenditure
Explain the link between disability and the cost
List each recurring or one-off expense, amount, frequency and evidence. Explain why the expense is reasonably incurred because of disability or care needs, whether a cheaper reasonable alternative exists and whether the cost is already met through the care plan or another source. Ask for reasons where an item is refused or capped.
Review and complaint
Separate the disputed calculation from poor handling
| Issue | What to request |
|---|---|
| Incorrect figure or missing disregard | Recalculation with the correct evidence |
| Disputed policy application | The policy provision, statutory basis and reasons |
| Refused disability-related expense | Individual reasons addressing necessity and amount |
| Delay or unexplained backdating | Chronology, authority for the effective date and remedy |
| Debt recovery while disputed | A reasoned decision on whether recovery action will pause or be adjusted |
Evidence
Keep the financial evidence proportionate and organised
Use a schedule showing each disputed item, the council figure, your figure, the evidence and the requested correction. Retain bank statements and sensitive material securely. Redact unrelated transactions when appropriate, while recognising that the council may need sufficient evidence to verify the assessment.
Escalation
Use the adult social-care complaint route
Ask the council to determine the charging dispute and any complaint-handling failure. After local resolution, LGSCO may consider administrative fault and resulting injustice. A complaint will not necessarily suspend invoices or recovery, so seek an explicit written position.
Official sources
Check the current rules behind this guide
- Care Act 2014 charging provisions
Primary statutory provisions for charging and financial assessment. - Care and Support Statutory Guidance
Official charging and financial-assessment guidance. - Care and Support (Charging and Assessment of Resources) Regulations 2014
Detailed charging and resource-assessment rules. - Adult social-care complaints regulations
The statutory complaint framework.
These are official or primary sources. Local policies, statutory guidance, legislation and deadlines can change. Check the live source and the decision notice before acting.