Some upheld, recommendations

  • Case ref:
    201000423
  • Date:
    November 2011
  • Body:
    Student Awards Agency for Scotland
  • Sector:
    Scottish Government and Devolved Administration
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Handling of application

Summary
Ms C was dissatisfied with the handling of her request for travel expenses and disagreed with the decision taken by the Student Awards Agency for Scotland (SAAS) to restrict her travel expenses. She also complained about how the SAAS handled her appeal against their decision not to reimburse the expenses. We found that the SAAS had assessed her travel expenses in line with their policy. However, we also found that they had failed on a number of occasions to correct Ms C's misunderstanding that she was entitled to full travel expenses under the Disabled Student Allowance. When Ms C was advised of SAAS's decision to restrict her travel costs, she withdrew from her course.

We considered that, as a result of not having full information, Ms C was unable to make an informed choice about whether to start her university studies and, as a result, incurred travel costs that she was unable to afford. We upheld the complaint, although we did not uphold the further complaint that the SAAS had failed to investigate her appeal.

Recommendation
We recommended that SAAS:
• reimburse Ms C for the travel costs she incurred as a result of travelling by train to the university, excluding the amount already paid to her. This was to be offset against any outstanding debt.

  • Case ref:
    201101196
  • Date:
    November 2011
  • Body:
    West Lothian Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Handling of application (complaints by opponents)

Summary
Mr and Mrs C complained about a number of aspects of the council's handling of a planning application made by neighbours, including that the council failed to carry out neighbour notification correctly by not notifying Mr and Mrs C; failed to properly advertise the planning application; and failed to provide consistent and correct responses to enquiries. Mr and Mrs C also complained that, although they had provided the council on two separate occasions with relevant grounds for work being halted (on the grounds that the development was not being constructed in accordance with the planning permission), the council refused to take action to halt work on the development.

Our investigation confirmed that there was an error in the advertising of the application, and noted that the council had looked into the matter and identified that this was due to an oversight, for which an apology was offered to Mr and Mrs C. We recommended to the council that action should be taken to improve their process to ensure that there was not a recurrence of the error.

Recommendation
We recommended that the council:
• take steps to ensure that the error in publication of the application has been investigated thoroughly and that action is taken to improve their process to ensure that this does not recur.

  • Case ref:
    201003760
  • Date:
    November 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Building warrants: Certificates of Completion/habitation

Summary
Mr C complained about inaction by the council with regard to building warrants issued for his neighbour's property. His and his neighbour's property were formerly a single dwelling with a shared stairwell. Mr C's neighbour applied for a building warrant to renovate his property, including works within the old stairwell.

Mr C complained that the works were not completed in line with the building warrant or to the required fire and accoustic insulation standard. He considered that the warrant required his neighbour to divide the two properties by introducing a new ceiling at the level of Mr C's floor. The neighbour's failure to do so prevented Mr C from carrying out work for which he had obtained a building warrant.

Mr C complained that the council did not act when told about the lack of sub-division of the properties. He also felt they should have taken enforcement action against his neighbour as the work was not carried out in line with the building warrant.

We did not find that the original building warrant (or a subsequent amendment) required his neighbour to divide the properties. We were concerned, however, that the council did not take prompt action to address legitimate fire safety concerns raised by Mr C and made recommendations.

Recommendations
We recommended that the council:
• review their procedures for ensuring that fire safety risks are resolved in good time; and
• consider commencing enforcement action against the named property.

  • Case ref:
    201002551
  • Date:
    November 2011
  • Body:
    Fife Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Applications, allocations, transfers and exchanges

Summary
Ms C complained about a number of issues relating to the council's handling of her housing situation between 2007 and 2009. In particular, Ms C was unhappy with the assistance offered by the council during her stay in a private rented flat. Her landlord failed to carry out required repairs and Ms C was unhappy with the council's handling of the situation and their subsequent handling of her emergency housing situation after she was forced to move from the property when it became uninhabitable. Our investigation found that the council took reasonable action in relation to the outstanding repairs and followed their procedures in the handling of Ms C’s housing situation after she was made homeless.

However, we found that the council failed to bring Ms C’s house up to an acceptable standard for let after carrying out essential works and that they could have offered more assistance when she moved to a permanent council house. The council accepted this and offered compensation, although Ms C remained dissatisfied with the amount awarded.

Recommendation
We recommended that the council:
• ensure tenants are advised to contact the Private Rented Housing Panel at the earliest appropriate point.

  • Case ref:
    201004240
  • Date:
    November 2011
  • Body:
    Glen Oaks Housing Association Ltd
  • Sector:
    Housing Associations
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Neighbour problems

Summary
Mr C was a tenant of a housing association for approximately 17 months. He complained that during his time as a tenant he had been subjected to racial abuse, intimidation and vandalism to his property perpetrated by other tenants and youths in the area. Mr C felt he had been targeted particularly due to his nationality. Mr C presented as homeless to Glasgow City Council having abandoned his tenancy.

He brought his complaints to us as he felt the housing association had failed to follow their anti-social behaviour policy, and had failed to take any effective action to prevent the abuse he had suffered as a tenant.

It was accepted that Mr C had experienced a serious degree of anti-social behaviour. Having reviewed the information provided by the housing association including complaint logs, minutes of meetings, letters to tenants and a contract between themselves and the GCSS (the Glasgow Community Safety Service), we found the association to have followed their policy in relation to Mr C's complaints, particularly in terms of responding timeously, and classifying his case as category A due to the racial nature of the behaviour. We, therefore, did not uphold the first complaint.

However, we did uphold the second complaint, which referred to the association's failure to take any effective action to prevent the abuse. Although the association had installed CCTV on three separate occasions, unfortunately no perpetrators were ever caught or identified as a result. The remedies within the association's policy could not be enforced due to a lack of evidence and identification of suspects. However, we found that the association had placed a clear burden upon Mr C to gather information himself, and that this burden was unreasonable. He had provided individual addresses on a number of occasions, but the association said because Mr C could not identify particular people for particular incidents, they could not act on this information. We felt further enquiries could have been made on the basis of the information provided by Mr C and we upheld this complaint.

Recommendation
We recommended that the association:
• apologise to Mr C for failing to follow up on the information he gave them in relation to incidents.

  • Case ref:
    201101184
  • Date:
    November 2011
  • Body:
    A Medical Practice, Lothian NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Communication, staff attitude, dignity, confidentiality

Summary
Mrs C raised a number of concerns about the conduct of a nurse at the medical practice she attended during an appointment with her son for the prescription of booster vaccines. She also complained about the practice's handling of her complaint about the nurse.

In our investigation on this complaint, we reviewed all the documentation provided by Mrs C. We also reviewed all the documentation the practice held on the complaint, including a full copy of the complaints file and related correspondence, a copy of the internal complaint handling procedure, policies or procedures covering the conduct of nursing staff at the practice and any relevant medical records relating to the specific complaint.

From the evidence available, it was not possible to conclude whether or not the nurse failed to introduce herself; did not listen to Mrs C or her son during the consultation; or prevented Mrs C from producing her son’s vaccination certificate. Although Mrs C stated that the nurse did not provide her with her name, the practice confirmed and Mrs C acknowledged that the nurse was wearing a name badge throughout the consultation.

However, it was clear from both Mrs C's and the practice's reporting of events, and from the nurse’s note of the consultation, that the nurse did comment on Mrs C accompanying her son to medical appointments. It was clear that Mrs C personally found this comment unacceptable and unprofessional, whether it was intended to be or not. Given the practice's confirmation that patients have a right to be accompanied, and that it was normal practice to clarify who the accompanying adult was at the start of any consultation, this comment appeared to be contrary to normal practice. We, therefore, upheld this complaint.

The evidence showed that the practice responded to Mrs C's complaint in good time and offered apologies to her on three different occasions. For this reason, we did not uphold this complaint. However, the wording of the practice's apologies could have been more meaningful. By saying that they apologised if Mrs C 'felt' they had done something wrong, they did not fully acknowledge the wrongdoing.

In addition, the practice’s complaints handling policy stated that in line with the NHS procedures they would deal with all complaints within 20 working days. For GP practices, the specified timescale in the NHS procedure is ten working days.

Recommendations
We recommended that the practice:
• remind all staff of the need to clarify at the start of any accompanied consultation who the accompanying adult is and that the patient is content for them to participate; and
• review their complaints handling policy to ensure it meets the timescales set out under the NHS complaints handling procedures and includes guidance on how to offer a meaningful apology.

  • Case ref:
    201005162
  • Date:
    November 2011
  • Body:
    Greater Glasgow and Clyde NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / Diagnosis

Summary
Mr A was referred by his GP to a hospital urology department for review of his mixed urological symptoms at that time. He subsequently had a CT scan of his urinary tract which showed appearances of retro peritoneal fibrosis (RPF). Following a consultation with a consultant urologist, he was admitted to hospital for further investigation which showed that his right kidney was providing 90 percent of his renal function and his left kidney only accounted for 10 percent of this function.

After this investigation, a senior registrar in urology wrote to Mr A informing him of the possibility that his left kidney may have to be removed. This was the first time that Mr A had been made aware this was a possibility and that his left kidney was non functioning. Mr A was also referred to a vascular surgeon as he was diagnosed with aortitis. Mr A considered there was an unacceptable delay with this referral.

Mr A requested to be reviewed by another urology consultant for a second opinion. At this appointment it was discovered that the consultant did not have his case notes and had been given the case notes for another patient.

Mr A complaiend to us. He said that he felt that he had not been dealt with in an 'appropriate, timely or professional manner'. He said that there was both delay and failure to treat his condition and also a failure to communicate with him about his condition.

We obtained Mr A's medical records and took professional advice from our independent medical adviser. The adviser explained that RPF is a rare kidney condition which in the case of Mr A presented in an unusual manner. The adviser found that the initial investigation and management of Mr A's condition was conducted in a timely manner and there was no delay in diagnosis of the condition.

However, the adviser stated that following a failure to pass a ureteric stent there was no evidence in Mr A’s medical notes that there were discussions about possible other treatment for Mr A’s condition. For this reason we concluded that there was a failure to treat Mr A’s condition and we, therefore, upheld this element of the complaint.

In relation to the diagnosis and treatment of Mr A’s vascular condition, the advice received was that there was a delay in Mr A’s treatment and for this reason we also upheld this element of Mr A’s complaint. However, the adviser also stated that this did not impact on the treatment that Mr A received and that the treatment in this regard was appropriate for his condition.

We found that there was a failure to communicate with Mr A about his condition and we, therefore, upheld this part of his complaint.

We did not uphold Mr A’s complaint that there was a failure to transfer his medical notes to his consultant for an appointment. This was because while it was accepted by the board that the consultant did not physically have in his possession Mr A’s medical notes when he saw him, we accepted that the consultant was able to appropriately access all information pertinent to his case through the clinical portal.

Recommendations
We recommended that the board:
• review their procedures so that a robust system is put in place to ensure that the results of investigations are communicated quickly to clinical teams, particularly if they are abnormal;
• review their procedures so that all clinical letters to patients are typed promptly after dictation and any outcomes from these are actioned quickly;
• review their procedures so that discussions by multi-disciplinary teams are recorded and communicated to patients particularly if there is a delay before the patient can be seen in an outpatient clinic;
• apologise to Mr A for their failure to communicate with him effectively about his condition and outcomes; and
• review their systems so as to ensure a patient’s medical records, as appropriate, are available when they attend an appointment with a clinician.

  • Case ref:
    201100069
  • Date:
    November 2011
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / Diagnosis

Summary
Mr C was referred to the board's mental health team by his GP. Mr C was initially seen by mental health staff over a period of months. He was not satisfied with their response to his needs and so he complained to the board. Mr C was not happy with the board's response to his complaint, and complained to us. He complained that the board failed to provide him with appropriate care and treatment following the referral from his GP. He also complained that the board failed to provide him with adequate information on his assessment and treatment.

We did not uphold the complaint about appropriate care and treatment. We found from looking at the medical records, and taking advice from one of our professional medical advisers, that the mental health team's response to Mr C's clinical presentation was adequate, reasonable and based on assessed need and that, overall, the care and treatment provided to him following the referral from his GP was appropriate.

We did uphold the complaint about adequate information. We found that the board did not provide Mr C with sufficient detailed information about his care and treatment, in the form of a written and agreed care plan.

Recommendations
We recommended that the board:
• apologise to Mr C for failing to provide him with adequate information on his assessment and treatment, in particular failing to provide him with a written and agreed care plan; and
• review the Primary Care Mental Health Team's practice on written care plans, to ensure that all relevant information is included, and that patients are aware of the care plan and can countersign their agreement to it. This should be in line with the Mental Welfare Commission for Scotland's best practice guidance on Mental Health Act care plans, and NHS Quality Improvement Scotland's Standards for integrated care pathways for mental health.

  • Case ref:
    201100205
  • Date:
    October 2011
  • Body:
    The City of Edinburgh Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    primary school

Summary
Mr C has a daughter who started primary three of school in August 2010. Mr C was concerned that his daughter's handwriting had deteriorated and sought a meeting with the head teacher. He was not happy with the outcome of that meeting and three other incidents involving his daughter's class teacher. He decided to remove his child from that primary school at the same time as making a complaint.

He complained to us after completing the council's complaints procedure. He was informed that we were precluded by paragraph 10 of Schedule 4 of the SPSO Act 2002 from looking into the giving of instruction or conduct, curriculum and discipline in any educational establishment under the management of an education authority. We considered three complaints from Mr C about the handling of his complaint by Education Services, and upheld one complaint about a delay in escalating the complaint.

Recommendations
We recommended that the council:
• ensure that the director of children and families apologise for the delay by that service in processing the second stage complaint; and
• note and act on the shortcomings identified in relation to the delay, to avoid a future recurrence.

 

  • Case ref:
    201100064
  • Date:
    October 2011
  • Body:
    North Lanarkshire Council
  • Sector:
    Local Government
  • Outcome:
    Some upheld, recommendations
  • Subject:
    political matters; committees; standing orders; requests for information

Summary
Mr C complained that the council had wrongly withheld information from him and had refused to apologise to him, even though their customer services strategy was to do so when they were wrong and do their best to put things right. Mr C also complained that his complaint about the handling of his request for information was not dealt with properly under the council's complaints procedure. Mr C said that he wanted the council to apologise to him face-to-face and in writing.

We considered that there was an opportunity to try to resolve the complaint and asked the council if they would be prepared to apologise to Mr C. The council told us that while they acknowledged there had been a slight delay in publishing information, they did not feel there was cause for an apology. We could not become more involved because we do not have the power to comment on or to reconsider matters which have been the subject of investigation by the Scottish Information Commissioner. We, therefore, did not uphold this complaint.

On complaint handling, the council acknowledged, with regret, that they had not responded to Mr C's formal complaint within the target time for complaints handling. We upheld this complaint.

Recommendation
We recommended that the council:
• apologise in writing to Mr C for not meeting the council's customer care standards in investigating his complaint.