Appealing a refused or too-low care grade (Dependencia) or no reply

Terms used

• Dependencia — Dependencia is Spain's care system that assesses your need for help and grants a care grade and related support.
• Recurso de reposición — A recurso de reposición is an appeal asking the same body that decided to review its decision.
• Recurso de alzada — A recurso de alzada is an appeal to the superior body above the one that decided.
• Reclamación previa — A reclamación previa is a formal claim to the administration that some regions require before you can go to court.
• Queja — A queja is a free complaint to an ombudsman about a stalled or unfair administrative file.

Key rules

• Administrative appeal: File it within one month of the decision.
• Court appeal: You have two months from the decision, or six months if there was no reply.
• Ombudsman: A complaint is free but does not pause any appeal deadline.
• Silence: No reply is not approval, so you still need to act.

Act fast: the deadlines are short

You can challenge a refusal, a grade that is too low, or no reply. The clock starts on the date of the decision, so check that date on the letter today.

• Administrative appeal: within one month of the decision.
• Court appeal: within two months of the decision, or six months if there was no reply.

The decision box below helps you choose a route, and the timeline shows the order of steps.

Route 1: administrative appeal

This is the usual first step and it costs nothing. You ask the administration to review its own decision. Depending on your region, this is a recurso de reposición (to the same body that decided) or a recurso de alzada (to the superior body). The decision letter normally says which one applies and where to file it. If it does not, ask the regional social services office that handled your file.

Explain why the decision is wrong. For a low grade, attach new medical reports or evidence of how much help the person needs day to day.

Route 2: court

You can take the case to the Juzgado de lo Contencioso-Administrativo, the administrative court. Some regions require a reclamación previa (a formal claim to the administration) before you can go to court. Check this with your regional office before the deadline runs out.

A lawyer is not always required at this first level, but one is usually advisable. Ask about free legal aid if money is tight.

If nobody replies

The legal maximum to resolve an application is six months from the date you apply. Real waits are often longer. Silence is not a decision in your favour: it counts as a refusal that you can challenge. Regions may set shorter terms, so check your region's rules. After silence you can go to court, or send a complaint to an ombudsman while you decide.

Route 3: complaint to the ombudsman

If your file is stalled, you can send a queja (complaint) to the ombudsman. It is free, can be sent online or by post, and needs no lawyer. The ombudsman asks the administration for a report and can issue recommendations or remind it of its legal duties.

It cannot change your grade, overturn a decision or force the region to pay. Filing a complaint does not pause your appeal deadlines, so file your appeal as well.

Regional administrations are handled by regional ombudsmen, such as the Síndic de Greuges, the Defensor del Pueblo Andaluz and the Ararteko. The national Defensor del Pueblo usually refers regional cases to them.

Practical tips

• Keep proof of the date you filed anything.
• Keep copies of the application, the decision and every report.
• Note the date of the decision and of each deadline.

Choosing between options

Which route should you take against a refusal, a low grade or no reply?

• Administrative appeal: Choose this if you have a decision you disagree with and want the administration to review it first. File within one month of the decision, to the same body or the superior body depending on your region.

• Go straight to court: Choose this if you prefer not to appeal administratively. Go to the Juzgado de lo Contencioso-Administrativo within two months of the decision, or within six months if there was no reply. A lawyer is usually advised.

• Complaint to the ombudsman: Use this if the file is stalled or ignored. It is free and needs no lawyer, but it cannot change the decision and does not suspend any deadline, so use it alongside an appeal.

If you have a decision, appeal within one month or go to court within two months. If there was no reply, go to court within six months.

Timeline and deadlines

• Check whether your region requires a prior claim (reclamación previa) before going to court: before you go to court

• Send a free complaint to the ombudsman if the file is stalled: at any time; it does not suspend the appeal deadlines

What to watch out for

• Deadlines are short: You can lose the right to appeal if you miss the one-month limit for an administrative appeal or the two-month limit for going to court. Note the date on the decision letter and file as soon as you can.

• Wrong type of appeal: Regions differ on whether you appeal to the same body (reposición) or to the superior body (alzada), and some require a prior claim before court. Filing the wrong one can waste your time. Read the appeal instructions in your decision letter and ask your regional social services office which applies.

• An ombudsman complaint does not pause the clock: Filing a complaint with an ombudsman does not suspend your appeal deadlines, and the ombudsman cannot change the decision. File your appeal on time and treat the complaint as an extra step.

• Silence is not a decision in your favour: If nobody replies, you still have no grade and no support. You can go to court within six months or complain to the ombudsman. Keep your proof of the application date and act before the deadline passes.

Frequently asked questions

Does a complaint to the ombudsman stop my appeal deadline?

No, a complaint to the ombudsman does not stop your appeal deadline, so the clock keeps running while the ombudsman looks at your file. File your appeal on time and send the complaint as well if you want both.

Can the ombudsman change my care grade or make the region pay?

No, the ombudsman cannot change a decision or force a payment. It asks the administration for a report and can issue recommendations or remind it of its legal duties, which often helps with a stalled file. A complaint is free, can be filed online or by post, and needs no lawyer.

Which ombudsman should I complain to about a stalled file?

Complain to your regional ombudsman, such as the Síndic de Greuges, the Defensor del Pueblo Andaluz or the Ararteko, because the region runs your file. The national Defensor del Pueblo can also investigate delays but usually refers you to the regional office.

Do I need a lawyer to take a Dependencia decision to court?

Not always, because some first-instance procedures do not require a lawyer, but one is usually advised. Ask your regional social services office or a lawyer which rule applies to your case.