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39 per cent of social care complaints against the Isle of Wight upheld by ombudsman

Complaints data for every council in the South East for 2020-21 has been published today by the Local Government and Social Care ombudsman (LGSCO) as part of its annual review of local government complaints.

39 per cent of complaints against the Isle of Wight council investigated by the LGSCO were upheld (ie. the person complaining was correct). This compares to an average of 63 per cent in similar authorities.

There were seven complaints upheld:

  • Isle of Wight Council (20 006 705)
    Statement Upheld 26-Feb-2021
    Summary: Mrs B complained the Council’s Contractor wrongly cut a large hole in her hedge without following the legal process required. She experienced distress from the damage caused and she had costs to repair the hedge. The Council was at fault because its Contractor failed to follow the legal process available. It has agreed to make payment to acknowledge the distress and damage caused. It also agreed to ensure its Contractor reminds its workers of the process it must follow before it takes action to cut overgrown vegetation.
  • Isle of Wight Council (19 015 597)
    Report Upheld 21-Jan-2021
    Summary: Ms C complained to the Council that it delayed reassessing her son E’s needs and deciding about his personal budget. Ms C says these delays meant her son’s needs were not met and she was caused uncertainty and distress. Council to acknowledge the uncertainty and distress caused by its delay resolving the issue with E’s personal budget and pay Ms C £500 to acknowledge the time and trouble caused by its unreasonable refusal to escalate her complaint to Stage 2 of the statutory complaint procedure and the delay this caused. review its administrative procedures for personal budgets to ensure records are kept of all meetings and payees are given information about unapproved expenditure promptly
  • Isle of Wight Council (20 001 517)
    Statement Upheld 23-Nov-2020
    Summary: The Council failed to provide support to Miss Y as a care leaver, particularly with finding suitable accommodation, after it failed to recognise she was a looked after child between the ages of 16 and 18. To remedy the injustice caused to Miss Y it will apologise, revise its procedures, assess what support Miss Y should receive as a care leaver, and make a payment to acknowledge the distress and uncertainty caused by fault.
  • Isle of Wight Council (19 008 131)
    Statement Upheld 23-Nov-2020
    Summary: The Council failed to provide support to Miss Y as a care leaver, particularly with finding suitable accommodation, after it failed to recognise she was a looked after child between the ages of 16 and 18. To remedy the injustice caused to Miss Y it will apologise, revise its procedures, assess what support Miss Y should receive as a care leaver, and make a payment to acknowledge the distress and uncertainty caused by fault.
  • Isle of Wight Council (18 013 475)
    Statement Upheld 27-Aug-2020
    Summary: Mr X complains about the Council’s decision not to initially award him a disabled facilities grant for his kitchen before subsequently approving him on reassessment. Mr X says this caused a delay in his grant application being approved. From the evidence seen, the Ombudsman does not find fault with the Council’s initial decision not to award Mr X a disabled facilities grant. However there was a delay in reassessing Mr X following the receipt of further medical evidence. The Council has agreed to apologise to Mr X and pay him £300 to acknowledge the avoidable distress caused by the delay in reassessment.
  • Isle of Wight Council (19 015 180)
    Statement Upheld 12-Aug-2020
    Summary: Mrs X complains on behalf of Miss Y that the Council has not properly considered disability related costs relating to Miss Y’s support needs. The Council was at fault because it has not been clear about how it has calculated disability related costs and did not consider Miss Y’s need for support properly. Miss Y has spent money for her carer to support her. The Council has agreed to explain disability related costs decisions in more detail. The Council should also review Miss Y’s needs.
  • Isle of Wight Council (19 008 790)
    Statement Upheld 28-Jul-2020
    Summary: Mrs B complains about the Council’s role as a court appointed deputy for her late brother, Mr C. 2. She says that as a result of the Council’s failings she was denied the right to protect her brother, his interests and his assets. There was fault in the Council failing to identify Mrs B before applying for deputyship and the Council will apologise for that. There is no evidence of fault in the Council’s administration of Mr C’s affairs.

Nationally, over the past year the Ombudsman has upheld a greater proportion of investigations– 67 per cent – than ever before. This continues an upward trend since the Ombudsman started publishing its uphold rate.

The data contained within the report, which analyses all the complaints and enquiries the LGSCO has received over the past 12 months, is uploaded onto the ombudsman’s interactive map, which now contains three years of searchable data.

Michael King, Local Government and Social Care Ombudsman, said:

“We’ve been issuing our annual reviews for the past seven years now, and while every year has seen its challenges, this year seems to have been the most difficult for local authorities.

“While the way local authorities dealt with the pressures of COVID-19 is still being played out in our casework, early indications suggest it is only widening the cracks that were already there, and has deepened our concerns about the status of complaints services within councils. These concerns are not new and cannot be wholly attributed to the trials of the pandemic.

“I am concerned about the general erosion to the visibility, capacity, and status of complaint functions within councils.

“Listening to public complaints is an essential part of a well-run and properly accountable local authority, committed to public engagement, learning, and improvement. I know the best councils still understand this and put local democracy and good complaints handling at the forefront of their services.”

To find out more visit the LGSCO’s interactive map.

Image: douglastofoli under CC BY 2.0