Complaints about the DWP: how to complain and the Ombudsman

If you have been treated badly by the DWP or another benefit authority, you have the right to complain, and it is a separate process from challenging a decision. Complaining can put things right and, sometimes, lead to compensation for serious failings. This guide explains how to complain about the DWP, the difference between a complaint and an appeal, and how to take a complaint further.

A complaint is not an appeal

It is important to understand the difference. If you disagree with a decision about your benefit, such as being refused or awarded the wrong amount, that is dealt with through a Mandatory Reconsideration and appeal, not a complaint. A complaint is about how you were treated, such as poor service, long delays, mistakes, lost documents, or being treated rudely. Using the right route matters, so make sure a complaint is what you need.

What you can complain about

You can complain about things like unreasonable delays, repeated mistakes, being given wrong information, poor or rude treatment, failure to deal with your claim properly, or a lack of support where you needed it. The complaint is about the standard of service and how the organisation has behaved, rather than the legal decision on your entitlement. If a failing has caused you distress, inconvenience or financial loss, that is the kind of thing a complaint addresses.

How to make a complaint

Start by contacting the office you are dealing with, explaining clearly what went wrong and what you would like done about it. If that does not resolve things, you can make a formal complaint, which is handled by a specialist complaints team or manager who will look into it and aim to respond within a set time. Putting your complaint in writing, and keeping a copy, helps make sure it is dealt with properly.

Taking it to the Independent Case Examiner

If you have been through the DWP's own complaints process and you are still not satisfied, you can ask the Independent Case Examiner to look at your complaint. The Independent Case Examiner is independent of the DWP and examines complaints about poor service that have not been resolved. You can usually approach them once you have had a final response, or after a set period has passed, and they may be able to broker a resolution or investigate.

The Ombudsman

If the Independent Case Examiner cannot resolve your complaint, the final step is the Parliamentary and Health Service Ombudsman, which your Member of Parliament can refer your case to. The Ombudsman looks at complaints of maladministration where other routes have been exhausted. This is the end of the line for most complaints, and reaching it is rare, but it exists for cases where serious failings have not been put right.

Complaining about an assessment

If your complaint is about how you were treated during a medical assessment for a benefit such as Personal Independence Payment or Employment and Support Allowance, you complain to the company that carried out the assessment, rather than the DWP. This is separate from challenging the decision itself. If you felt the assessment was conducted unfairly or the report was inaccurate, it is worth raising it with the provider as well as challenging any decision.

Complaining will not affect your claim

An important reassurance is that making a complaint will not affect your benefit claim or payments. The organisation must deal with your complaint separately from your entitlement, so you do not need to worry that complaining will count against you. This means that if you have genuinely been let down, you should feel able to complain without fear that it will harm your claim.

Asking for compensation

Where poor service has caused you real financial loss, or significant distress and inconvenience, you can ask for a special payment, sometimes called compensation or a consolatory payment, as part of your complaint. These are not guaranteed, and the amounts are usually modest, but it is worth asking where a serious failing has genuinely cost you money or caused real upset. Set out clearly what the failing was and how it affected you.

Make your complaint clear and specific

A good complaint is clear about what went wrong, when, and what you would like to happen as a result. Stick to the facts, give dates and details, and explain the impact on you. Saying clearly what outcome you want, whether that is an apology, a correction, or compensation, helps the organisation respond properly. Keeping your complaint focused and factual makes it more likely to be taken seriously and dealt with quickly.

Keep a record

Throughout the complaints process, keep copies of your complaint, any responses, and notes of phone calls, including dates and who you spoke to. This record is useful if you need to take your complaint further, to the Independent Case Examiner or the Ombudsman, who will want to see what has happened so far. Good records make escalating a complaint much easier and help you keep track of where things stand.

Complaining about a council or HMRC

The complaints route depends on who you are complaining about. If your complaint is about a council benefit, such as Housing Benefit or Council Tax Reduction, you complain to the council and can ultimately go to the Local Government and Social Care Ombudsman. If it is about a tax credit or Child Benefit matter handled by HMRC, there is a separate HMRC complaints process and the Adjudicator's Office. Make sure you use the right route for the organisation involved.

Why complaining is worthwhile

Some people feel that complaining is not worth the effort, but it can achieve real results, both for you and for others. A complaint can lead to a mistake being corrected, an apology, compensation, or a change that stops the same thing happening to someone else. Organisations are also expected to learn from complaints, so raising a genuine problem can help improve the service. If you have been let down, your complaint matters and is worth making.

In short

A complaint is about poor service or treatment, not a decision you disagree with, which is dealt with by appeal. Complain to the office first, then make a formal complaint, and if you are still unhappy, go to the Independent Case Examiner and ultimately the Ombudsman through your MP. Complaining will not affect your claim, and serious failings can sometimes lead to compensation.

The bottom line on complaints

The key thing to remember at the end of all this is that you are always entitled to a decent standard of service from the organisations that handle your benefits, and if you have not received it, you can complain without any risk to your claim. Use the right route, set out clearly what went wrong, escalate to the Independent Case Examiner and Ombudsman if needed, and get advice if it helps. Complaining is your right, and it can lead to your situation being put right and to better service for others who deal with the same office in future.

Where to get help

Citizens Advice can help you make a complaint and take it further. For decisions you disagree with rather than service issues, see our guides to the Mandatory Reconsideration and benefit appeals.