Local Government

Summary

C, a support and advocacy worker, complained on behalf of their client (A) who had looked after their grandchild since the sudden death of the child’s parent (B). A approached the council for both general and financial assistance. In particular, to support them in obtaining a residence order (a court order that regulates the arrangements made about where a child lives). The council decided that A was not eligible for financial support to apply for an order or for a kinship care allowance. A was later granted a residence order.

C complained to the council. The council confirmed that A had not been initially entitled to a kinship care allowance. However, following the granting of the order a kinship allowance was granted and was backdated to the date of the order.

We took independent advice from a social worker. We found that the assessment carried out by the council when the child was placed in A’s care was reasonable and in line with guidance and legislation. However, there had been a failure to initiate appropriate follow-up and support when A contacted them again a few months after the assessment. We also found that there had been a failure to action referrals to other agencies who could have offered support to A. In addition, we found that there had been a failure to provide written evidence that they had fully reviewed the information provided by A when they contacted them after the assessment or that they had contacted A at the conclusion of the review. Finally, there had been a failure to capture critical information in the case records. Therefore, we upheld C's complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to A for the failings identified. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

• Staff should be reminded that kinship procedures are not only about financial support but about offering practical parenting advice and support to kinship carers. Staff should be reminded of the importance of recording critical information, including action taken and decision-making consideration in case notes.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Summary

C complained that social work did not adequately safeguard their child (A) when they disclosed that they had been a victim of assault. C also complained that they were not informed of the incident. The council considered that appropriate support had been offered to A.

We took independent advice from a social work adviser. We reviewed the relevant case records and the council’s child protection procedures. We found that the council failed to meet their obligations and take the appropriate action in response to the disclosures made by A. We found that there was sufficient concern about A’s ability to maintain their wellbeing and that social work should have instigated their child protection procedures. We also found that there was insufficient recording within the case records of a clear plan and rationale to explain decision making. As such, we upheld the complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for failing to meet their obligations and correctly apply their child protection procedures in response to the disclosure made by A. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets

What we said should change to put things right in future:

• Case records should include details of discussions held with relevant persons, rationale for any decision making, and evidence of risk assessments, where appropriate.
• Staff should be familiar with the requirements of the council’s child protection procedures and have a clear understanding of when an Inter-agency Referral Discussion should be held.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Summary

C complained on behalf of their relative (A) and A’s child (B) about the health and social care partnership, of which the counil administered the complaint investigation. B was removed from A’s care. Following a short period of kinship care by B’s grandparent, they were placed with foster carers. C and their partner applied to be B’s kinship carers as soon as B was taken into care. However, they were not made B’s kinship carers until several years later.

C complained that the partnership had unreasonably delayed in assessing their kinship care application. C also complained that there had been failures to facilitate B’s contact with their family, to address concerns about B’s foster carers, to provide them with support following B’s kinship care placement and to provide specified information. The partnership accepted that there had been delay in assessing B’s kinship care and identified learning from this. They did not identify any other service failures.

We took independent advice from a social work adviser. We found that there had been a failure to progress the kinship care placement timeously and to take reasonable steps to facilitate B’s family contacts. We also found that there had been a failure to provide specified information. We upheld these complaints. However, we found that there had not been a failure to address concerns about B’s foster carers or to provide C with support following B’s kinship care placement. We did not uphold these complaints.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C and their family for the failings identified. The apology should meet the standards set out in the SPSO guidelines on apology available at http://www.spso.org.uk/meaningful-apologies.
• Provide C with an explanation on why there had been undue delays in completing B’s kinship care assessment and/or information about the findings/recommendations and actions taken from the CSWO review.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Summary

C complained about the advice received and actions taken by trading standards in relation to concerns that they had reported about a builder who had undertaken work for two of their relatives. C said that the council did not provide them with adequate information regarding the steps they could take to establish if they had cause to take further action against the builder, and the timescale in which this was required to be done.

We found that the council had reasonably explained the steps taken in reviewing C's complaint. Whilst we recognised that no information had been given in relation to issues which were time barred, we considered it could not be known until completion of the assessment which matters could be progressed. Therefore, we did not uphold this part of C’s complaint.

C complained that the council suggested they obtain an independent report of the work completed at personal cost to them. We found that C had sought advice from other sources, and we considered their decision to commission the report had been informed by their wider research and not just on the advice given by trading standards. We also did not find any evidence to support that C had been told that an independent report would be required before their case could be taken to the procurator fiscal. Therefore, we did not uphold this part of C's complaint.

C also complained that the council provided them with an inconsistent and inadequate response to their complaints. We found that the response was in keeping with the information shared with C by trading standards. Therefore, we did not uphold this part of C's complaint.

Summary

C complained about the council’s handling of a planning application. C’s next door neighbour made a retrospective application for planning permission for the erection of a garden room/store and timber fencing to the boundary at the rear of the property. This followed an earlier enforcement enquiry in respect of the garden room structure being erected without the necessary permission in place.

C objected to the planning application through a solicitor on the basis that it constituted overdevelopment and would adversely impact neighbours’ residential amenity and did not contribute towards quality place making. Planning permission was granted with no conditions attached.

We took independent advice from a planning specialist. We were satisfied that the assessment of the impact of the fence was an issue of discretion and that carrying out site visits and allowing additional comments/objections to the planning application were matters of planning judgement. Whilst we found that the council did reach the right planning decision, we considered that there had been a lack of clarity and explanation and that the council’s calculations in relation to the coverage of rear curtilage in the Report of Handling were ambiguous and are not in line with the relevant guidance. On balance, we upheld the complaint.

Recommendations

What we said should change to put things right in future:

• Case officers should be aware of how to measure curtilage areas and calculate the proportion proposed to be built upon. The calculation should be clearly set out and a record made.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Summary

C complained about the lack of support from the council’s social work department following the death of their parent. C had sought help and support for them and their younger sibling (A). During the years that A was under the age of 16, C reached out numerous times. C said that they did not know whether or not they were capable of looking after A. C was not supported by the council during this time and A remained in C’s care. C was also not given appropriate information about seeking a kinship care order, which would have enabled them to access kinship care assistance. By the time the council offered advice, A had reached the age of 16 and was too old for a kinship order to be sought. As a result, C and A did not have any general support, or financial support during the time A was a child and in C’s care.

The council did not acknowledge any failings and considered that they had acted appropriately. During our investigation, the advice we received indicated that the council should have considered A to potentially be an eligible child earlier than they did and did not help with legal costs which had a significant impact as A then became too old. This impacted C and A going forward as A did not have access to throughcare (i.e. support from social work into young adulthood as a care experienced person).

During discussions, it was identified that an ex-gratia payment may be appropriate to resolve the case. After some consideration the council offered a payment of £8000. C felt that this was an acceptable amount and accepted the offer. Therefore, we discontinued our investigation and closed the complaint as resolved.

Summary

C complained about their housing. C had moved into the property because they were downsizing from their previous home. The property they moved into had been purchased by the council from its owner as part of a ‘buy back’ scheme for council properties. C complained of persistent damp and mould within the property that was causing them significant health problems. C was offered alternative properties by the council but C rejected them on the basis that they were unsuitable.

We found that extensive works had been carried out to the property prior to C moving in. We also found that, whilst C disputed the suitability of the alternative properties they were offered, the council had followed the correct procedure in assessing C’s medical needs and the properties offered to C. Therefore, we did not uphold these parts of C’s complaint.

In relation to C’s reports of damp and mould, we found that these issues were investigated. However, the council took an unreasonable length of time to respond, given that they were aware of the health issues being experienced by the family. Therefore, we upheld this part of C’s complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for the failure to respond timeously to their concerns. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

• The council should have effective systems in place to ensure that problems with mould and damp are responded to timeously.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Summary

C complained that the council had unreasonably failed to follow their own enforcement process and relevant planning guidance in response to an alleged breach of planning condition/s in respect of two sites.

In responding to the complaint, the council acknowledged that breaches at the sites had occurred and highlighted the discretionary nature of planning enforcement. As such, the council considered resolution of the breaches through informal negotiation had, in the first instance, been an appropriate approach rather than formal enforcement action.

We took independent advice from a planning adviser. We found that council’s approach to securing compliance with the planning conditions was in line with their usual enforcement process and national guidance, with no evidence of undue delay or inaction on the council’s part at the time of our investigation. We also found that the council’s decision to engage in negotiations to remedy the planning breaches, rather than to pursue formal enforcement action, was a decision that they were entitled to take. For these reasons, we did not uphold C’s complaint.

However, we did draw the council’s attention to their own Enforcement Charter which sets out the principles for effective enforcement action, specifically that: negotiation to remedy a breach should be pursued provided an appropriate solution can be achieved in a timely manner. As some of the breaches had not been remedied at the time of this investigation, we suggested that the council may wish to consider setting a timescale by which formal enforcement action would be taken.

Summary

C complained about the fitting of new windows to their property. C said there was wind, water, and noise ingress and the window units were not fitted correctly - specifically that they were not the correct size. When reporting this to the council, some workmen agreed with C’s position and others considered that there was no issue. C took photographs of holes around the windows before these were covered with MDF wood by the council. C told us that the council had not repaired the holes; instead they had packed the holes with insulation before providing new MDF surrounds.

Our initial view of the complaint indicated that the council had not appropriately investigated the issues C reported, and may have not appropriately resolved matters (i.e. by covering with MDF and using insulation). The council asked the manufacturer of the windows to inspect them. The manufacturer said that the window units were not faulty. The council then decided that nothing further could be done. Our initial assessment of the complaint identified that the council could not evidence the outcome of the manufacturer inspection. As such, we asked the council if they would be willing to arrange an independent inspection and report and take any follow-up actions identified to resolve the issues. The council initially declined this opportunity but later felt it would be appropriate for them to take this action.

Therefore, we closed the complaint as resolved as the council agreed to take the action requested. However, we have made clear if the issue is not resolved and/or C remains unhappy that they can come back to us and we may re-open the complaint and consider it further. We have asked the council to provide evidence of the action taken.

Summary

C was living in a residential unit for young people who are looked after by the council. C complained that the council failed to take appropriate action when they raised safeguarding concerns about the unit manager and failed to investigate a breach of confidentiality when C received abusive messages from a former member of staff. C also complained that the council had failed to keep them informed about decisions made about the future of the residential unit and their complaints had not been handled in accordance with the council’s complaints procedures.

We took independent advice from a children and families social worker. We were satisfied that C had been kept reasonably informed about the position of the future of the unit. Therefore, we did not uphold this part of C’s complaint. However, there were some failings in relation to communication and record-keeping in response to the safeguarding concerns raised. There were also failings in the investigation into abusive messages from a former member of staff and in the complaints handling. Therefore, we upheld these parts of C’s complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for the specific failings identified in respect of the complaints. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

• Safeguarding concerns should be communicated appropriately and in line with safeguarding guidance and clear and accurate records should be maintained.
• Staff in the unit should be aware of the issues regarding the use of social media highlighted by this case.
• The council should maintain clear and accurate records of discussions and meetings that take place, in line with required standards.

In relation to complaints handling, we recommended:

• Complaint responses should comply with the Model Complaints Handling Procedure and council staff should be familiar with the complaints handling procedure. Complaint investigations should be clearly recorded at each stage and responses provided within 20 working days. If this is not possible, the complainant must be updated on the reason for the delay and provided with a revised timescale.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.