Local Government

Summary

C complained about the council's handling of reports of anti-social behaviour and their subsequent complaint about the way that these issues were handled. The council housed a number of vulnerable and high-risk tenants in the same block of flats as theirs. C complained that, over a period of seven years, the council tenants were involved in a number of incidences of anti-social behaviour, some involving serious criminal activity.

The council's investigation report concluded that the view they were failing in their duties under anti-social behaviour legislation may have been based on a lack of understanding of the priority for support rather than enforcement, the level of evidence required for enforcement, and a lack of clarity around activities and behaviours which sit within the scope of the relevant legislation. They did, however, recognise that their communication fell short of the level of consistency that is expected.

We were largely satisfied that the Family and Household Support team investigated C's reports of anti-social behaviour in line with the council's procedure.

However, in terms of the procedure there is a clear expectation that the nature of the complaint should be agreed at the outset, that updates should be given at agreed times, and that discussion should take place regarding what outcomes could realistically be achieved. We found no evidence of a structured approach to this communication. Therefore, we upheld this part of C's complaint.

With regard to the complaint handling, we found the total length of time taken to respond to C's complaint was unreasonable. There was a significant delay to the response being issued, and we found no evidence of regular updates during this delay. 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 issues highlighted in this decision. 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 review how communication with anti-social behaviour complainants follows a structured pathway as suggested by the antisocial behaviour procedure and that complainants are kept informed through to their complaint's conclusion whilst maintaining confidentiality for the other parties involved.
• The council should review how they communicate with anti-social behaviour complainants with a view to ensuring complainants are fully aware of how the anti-social behaviour procedure works and whether their concerns are being progressed through this, or another procedure.

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 cares for their spouse (A) who has Alzheimer's disease. C complained about the council's social work department, after they took action under their Adult Support and Protection (ASP) procedures, including obtaining a warrant to remove A from home. C complained that false allegations about them resulted in the warrant being issued and served. They complained that social work staff had presented unsubstantiated claims of neglect and abuse during the ASP proceedings.

We took independent social work advice. We noted that there was evidence that C was experiencing stress in their caring role and that there was a difficult relationship with social work. We noted that there were periods during which A was locked in the house alone and C had mentioned that A may have bruising on them and would not allow access for a GP to assess A at that moment in time. We found that there was sufficient evidence to indicate that the council had a statutory duty to investigate the circumstances and put in place an action to safeguard A's welfare.

We found that the council followed the ASP process reasonably, seeking input from C and relevant professionals. A number of actions were agreed to ensure that both C and A had the support they needed in place and once it was established that the appropriate support was in place the ASP process was ended. We were also satisfied that it was reasonable for certain meetings to take place without C and A's involvement. Therefore, we did not uphold this part of C's complaint.

C also complained about the council's communication in respect of these matters. We found that the council had attempted to communicate clearly and openly with C. We considered that the circumstances themselves and the stress and anxiety involved likely contributed to a breakdown in communication. Therefore, we did not uphold this part of C's complaint.

Summary

C complained to the council about the way in which they had handled their reports about anti-social behaviour by C's neighbours. C also complained about how the council had managed the situation once C had been offered a housing transfer to remove them from the situation. The council investigated and responded to C's complaints, however C and their advocates continued to complain to the council about matters which were considered closed following the local complaint investigation.

We found that the steps taken by the council to resolve C's complaint were reasonable. On recognising C's vulnerabilities, and it being unlikely the dispute between the neighbours would be resolved, we found that the subsequent handling of C's housing transfer was also reasonable.

During our investigation it was noted that the council had invoked their Unacceptable Actions Policy in principle in relation to one of C's advocates. However, as they had indicated that they would not be contacting the council again, the advocate was not formally notified they were being managed in line with this policy. We gave feedback to the council on this matter, noting that complainants and their advocates should be informed when their behaviour is considered unhelpful and challenging to ensure that they have the opportunity to engage more meaningfully.

Overall, we found that the actions taken by the council were reasonable and we did not uphold C's complaints.

Summary

C is the parent of a child (A) who has conditions affecting their mobility and continence. C complained about how A's school was managing their personal care and how the council's disability social work department behaved towards C and A.

We took independent advice from a social worker. We found that the Intimate Care Guidance in place at the time should have been updated and that having a written intimate care plan in place for A would have helped to ensure clarity regarding C's concerns about the management of A's personal care. We upheld C's complaint that the council's response to their concerns had not been reasonable.

We found that the disability social work team poorly handled arrangements to speak to A and did not give C enough notice of their intentions. While the council had accepted that they had used inappropriate language to describe C, we found that they had not fully acknowledged this and the impact that this may have had. We upheld C's complaint that the disability social work department failed to behave in a reasonable manner towards them and A.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for their behaviour in relation to arranging a meeting with the children, and their use of inappropriate language. The apology should meet the standards set out in the SPSO guidelines on apology available at HYPERLINK "http://www.spso.org.uk/information-leaflets" www.spso.org.uk/information-leaflets .

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

• The council should ensure that parents, in particular where they are the main carer, are given sufficient notice of social work's intentions to meet with children. The council should ensure that where inappropriate language may have been used, the impact of this is fully acknowledged.

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’s neighbour was granted planning permission for the construction of an outbuilding in their garden. C complained that the council’s handling of the planning application was unreasonable. C complained that their objections had not been set out in full in the Report of Handling and that the report did not include an assessment of the impact of the proposed development on C’s garden.

The build site was on sloping ground and C complained that the change in land height on the build site had not been mentioned. They also complained that the Report of Handling did not accurately summarise the scale of the proposed development or its proximity to C’s garden.

We took independent advice from a planning adviser. We found that although the Report of Handling did not include reference to the assessment of the impact of the proposed development on sunlight in C’s garden, the council had been able to demonstrate that this formed part of their assessment. We found that there was a reasonable consideration of the impact of the build on the existing house, the surrounding area, and the amenity of C’s property.

Although we were critical of aspects of the council’s handling of the application, we did not consider the shortcomings sufficient to lead to a finding that the handling was unreasonable. We found no evidence that any material considerations which might have led to the refusal of the application were overlooked. Therefore, we did not uphold the complaint but we did provide feedback on matters the council could have dealt with better.

In relation to complaint handling, we found that the council failed to identify and respond to the key concerns raised by C. Therefore, we upheld this aspect of C's complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for failing to investigate their complaint to a reasonable standard. The apology should meet the standards set out in the SPSO guidelines on apology available at HYPERLINK "http://www.spso.org.uk/information-leaflets" www.spso.org.uk/information-leaflets .

In relation to complaints handling, we recommended:

• Complaint handlers should identify the key aspects of complaints and ensure complaint responses address these matters, in line with the Model Complaints Handling Procedure.

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 council’s decision-making in relation to the allocation of Scottish Government Town Centre funding. In terms of the relevant governance arrangements, local Area Committees were expected to identify and rank eligible projects for the funding. C complained that their local Area Committee had failed to publicise the scheme, failed to invite applications and failed to discuss the funding in meetings. C complained that there was a lack of transparency in the council’s decision-making process.

With regard to the complaint about lack of community engagement, the council said that they were not operating a challenge fund. The council’s position was that the grant was allocated to projects in accordance with the governance arrangements agreed by the Environment, Development and Infrastructure Committee.

We found that the council failed to follow appropriate processes when making decisions regarding the allocation of Scottish Government Town Centre Funding. Specifically, we found that the council failed to evidence how they followed the agreed process that Area Committees become involved in identifying and recommending projects. There was no public record as to how the decision to recommend a particular project was reached and there was no evidence as to how this project was assessed as meeting the eligibility criteria. Taking all of the above into consideration, we upheld the complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for failing to follow appropriate processes when making decisions regarding the allocation of Scottish Government Town Centre Funding. 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:

• Decision-making processes are followed, and the rationale for decision-making (including which projects to recommend for funding) is publicly available in the form of meeting agendas and minutes.

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's response to their reports of anti-social behaviour had been inadequate. C said that their neighbour was subject to an anti-social behaviour order which they had repeatedly breached.

The council provided C with a noise recording application which allowed them to record noise and disturbances and send these reports to the council. However, C complained that they were not provided with sufficient information on how to use the application and on what the council would accept as evidence of anti-social behaviour. The council rejected C’s submissions as evidence of significant noise problems and refused to let C submit additional recordings.

We found that the council had responded to C’s complaints of anti-social behaviour appropriately. Their response had been affected by delays in hearing court cases, but this was outwith the council’s control. It was also noted that actions taken by the council could not always be shared with C. We considered that C was provided with adequate guidance on using the noise recording application. Therefore, we did not uphold this part of C's complaint.

C also complained that they were prevented from making further complaints by the council. We found no evidence that C was being prevented from making further complaints about noise and anti-social behaviour. The council stated explicitly as part of their submission to the investigation that if there was evidence of a material change in circumstances, then C would be allowed to complain about this. Therefore, we did not uphold this part of C's complaint.

Summary

C complained about the service provided by the council's social work service in connection with their child (A), who resided with their other parent. C was unhappy with the way the council facilitated contact between them and A, as well as C's other children and A.

We took independent advice from a social worker. For the period of time we considered, we found that the social work service should have engaged with C more proactively in relation to contact with A. We did not find any issues with the way the council managed contact between A and their siblings. On balance, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for the failure to engage with them more proactively in relation to contact with 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:

• The social work service should engage and communicate with families effectively and in the best interests of the child.

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.

Please note the events this complaint refers to may have occurred some time ago due to a delay in publication. We publish our findings to share learning and inform improvement.

Summary

C complained about the way that the council had handled a planning application related to a development of new homes adjacent to their home. In particular, C expressed concern about the position and proximity of one of the plots to their home and the detriment this would cause in terms of overshadowing and loss of daylight.

On first receiving C’s complaint, we considered that the council’s complaint response had not fully addressed the issues C had raised, and we therefore asked the council to write to C again at stage two of their complaint handling procedure. As C remained unhappy with the council’s response on the matters of overshadowing, and on their conservatory and kitchen/diner not being considered as habitable rooms when determining any loss of amenity, they returned their complaint to us for further review.

We took independent advice from a planning adviser. We found that the council had managed the planning application in keeping with the relevant guidance and we did not uphold this aspect of C’s complaint. However, we provided feedback to the council on the way in which the impact on amenity had been recorded in the Report of Handling, and in relation to retention of records, particularly when known objections had been raised. On the matter of complaint handling, we found that the council had unreasonably failed to respond to C’s original complaint on the planning application and we therefore, upheld this aspect of the complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for failing to fully address the complaint of overshadowing in their complaint response, and of not ensuring the investigation was undertaken by someone with no prior involvement in the circumstances being complained about. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

In relation to complaints handling, we recommended:

• The council should comply with their complaint handling procedure and ensure matters complained about are fully responded to.

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, a taxi driver, complained about the way the council had handled their medical examination which they were required to attend to determine their fitness to DVLA Group 2 medical standards (medical standards for driver licencing refer to two groups, with Group 2 licence holders usually requiring substantially higher medical standards).

C had passed the medical examination pending the results of an Exercise Tolerance Test (ETT). However the council did not follow up on the results of this test. As such, C was unaware until their next medical some years later that their ETT had met the threshold for referral to DVLA for further consideration of their fitness to drive. C had continued to work as a taxi driver throughout this time. On recognising this oversight, C’s taxi licence was suspended to be later re-instated after an assessment undertaken by an NHS cardiologist (heart specialist) was reviewed by the council’s occupational health provider and they were considered fit to drive. In complaining to the council, C was advised the matter would be investigated internally and no further response was received, despite their requests for further updates.

We found that the council’s administration of C’s medical examination was unreasonable, noting that the ETT results had not been followed up on as they should have been, and that this oversight had not been noticed until C’s next medical examination some years later. Therefore, we upheld C’s complaint.

We found failings with the council’s complaint handling, noting they had not fulfilled their duties in keeping with the Model Complaint Handling Procedure for local authorities. Therefore, we also upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C for failing to process their taxi driver licence application reasonably and for failing to reasonably respond to their complaint. 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 ensure the status of driver licences pending further medical tests are checked to ensure they remain valid.

In relation to complaints handling, we recommended:

• Complaints should be accurately identified and dealt with through the complaints handling procedure.

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.