Cyngor Gwynedd Council Handling Of Stage 2 Complaints – 2018.

Following on from the post, last year, in which the customer care (!) team at Cyngor Gwynedd council advised contacting the Ombudsman for Wales to discuss our concerns regarding our stage 2 complaint, we did indeed contact the Ombudsman.

Their initial response appeared to imply that we could raise a formal complaint into our formal complaint and so, seeking more clarity we sent the email below –

“We were somewhat confused by your response. We have no in depth knowledge of the statutory policy and procedure in such matters and have sought advice from the Council as to our and the Council’s rights during the process. So far without success….

We do know however that the handling of our complaint and us as complainants by the Senior Management Team and Customer Care is just plain wrong.

Your office has repeatedly stated that the Ombudsman is independent of both complainants and public bodies and from your own email the other day – ‘He is not an advocate for either party and his function is to investigate complaints put to him, reaching a view on the evidence presented, in an impartial manner’.

May we remind you that the Ombudsman has made decisions on our case purely on ‘new information’ – not evidence based – provided to them by the council in the past without allowing us sight of said information or allowing us to comment and rebuff such ‘information’.

We also remind you that the Ombudsman’s office has given us assurances in the past which have transpired to be false and we have challenged the Ombudsman’s past decisions in this case as inadequate and nonsensical.

Indeed we feel that had the Ombudsman’s original decision been adhered to, that the Council were to undertake the Original Stage 2 complaint, then some of the current situation may well have been avoided.

We contend that the Ombudsman’s methods do not allow for fairness and transparency when only one side is allowed free and unfettered access to his office and can present information that the complainant is told nothing about and so cannot counter argue. How on earth is this fair or acting in ‘an impartial manner’ ?

This whole process of dealing with the Ombudsman and the Council is exhausting and is causing considerable upset and anguish. We are reasonably intelligent and due to the life we lead have learnt to be mentally resilient, yet we are suffering – we know that so many others in similar situations give up in despair, worse is the fact that both the Ombudsman and the Council appear to have forgotten completely the needs of the child in all this….”

…We are at present pondering on whether to make another complaint with the Ombudsman or put in a formal complaint with the Council in regard to their handling of our current Stage 2 complaint. But our experiences tells us that this whole process is flawed to the extent of not being fit for purpose.

Please inform us whether submitting another Stage 2 to the Council, or raising a complaint with the Ombudsman’s office will in any way further delay or interfere with our current Stage 2 complaint.”

They replied –

“…If you wish for this matter to be considered by the Ombudsman, you would need to submit a complaint, by completing the online form on our website.  I am unable to speculate whether submitting a complaint to this office would affect the Council’s current Stage 2 investigation. The decision whether or not to approach the Ombudsman at this stage is yours and I am unable to advise you in that regard.  However, please be aware that we normally expect you to exhaust the Council’s complaints procedure before approaching us.”

Now the Ombudsman’s use of the word ‘speculate’ caused my spider senses to tingle.

So we contacted the Gwynedd customer care (!) and asked the question –

“… if we were to raise a formal complaint into how the council and the customer care department have been dealing with our formal complaint would this, in any way, interfere with or cause any further delay to our formal complaint first raised with you on the 25th May, 2017 ?”

Such a convoluted and insane question to ask a county council, but eh.

The council has fallen silent.

More – https://gwyneddsfailingcouncil.blogspot.co.uk/

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Gwynedd Council Stage 2 Complaint Update.

It is the week before Christmas and Cyngor Gwynedd customer care(!) send me an email in connection with the Independent report which they have had in their possession for over 7 weeks now.

They tell me the report has – finally – been sent back to the Investigator for questions to be asked and seeking the clarity they said was to be sought weeks ago –

“….I will arrange a meeting the first week in January for the Senior Managers to discuss the report.

This is the situation as it currently stands, if something does change I will let you know.”

We have repeatedly asked for a copy of the report, who the adjudicating officer is in this matter and whether or not the Independent Investigator has upheld our 6 points of complaint.

The council have refused to answer us and when asked who we may contact in order to discuss our concerns in the interest of fairness and transparency, we received the following –

“If you wish to discuss your concerns regarding the Stage 2 investigation, you are welcome to contact the Ombudsman at any point.”

We obviously wanted to discuss our concerns with council officers actually dealing with our complaint and not the Ombudsman – that may come later.

But as the council are aware it was the Ombudsman who first ‘suggested’ to me to raise the complaint way back in May.The Ombudsman wrote –

” I have also informed the Council of your intention to submit a complaint and that I expect it to provide you with a full response to your concerns.”

That was 7 MONTHS ago….

More – https://gwyneddsfailingcouncil.blogspot.co.uk/

#Gwynedd Council. Clarity Or Cover Up ?

So what has become of the complaint against Cyngor Gwynedd Council Children and Family  Department first raised on the 25th May ?

The report by an Independent Investigator was completed and handed to Gwynedd council on the 30th October.

Gwynedd council are refusing to say if our complaint was successful and are also refusing us sight of the completed report.

Gwynedd council have also informed me there will be a further delay while they attempt to sanitise revise redact clarify some aspects of the ‘independent’ report before we are allowed a copy.

If our complaint had failed the council would have informed us of this by now so I can only assume that the complaint was upheld – for the time being at least !

Yahoo.

More – https://gwyneddsfailingcouncil.blogspot.co.uk/

Eyes On #Gwynedd – Shout Out.

The stage 2 complaint first raised against Cyngor Gwynedd Council, in May, is nearly complete and to be published by October, 2017.

The Ombudsman for Wales has also started their separate investigation into Gwynedd Children and Family Support (!) team for issues arising from 2010.

I have encountered some truly unprofessional and appalling behaviour – from support services through social worker(s) to managers and even a head of department not to mention the misnamed customer care team.

And I wonder…this must have happened to other people in Gwynedd ?

For the next period of time many eyes will be on the Gwynedd Social Services Children and Family Support (!) department but the remit for scrutiny is only for this families case.

So I ask if you feel that you have been let down by Gwynedd council social services in the past, come forward and tell your story now.

To those good service workers in the department and elsewhere in the council – who know of poor management, unprofessional behaviour , bullying, bad practice etc – now is the time to speak out and help change Gwynedd’s failing council.

#Whistleblowers

#Aberdaron #Bala #Clynnog #Criccieth #Dolgellau #Harlech #Llanbedr #Porthmadog #Pwllheli #Tywyn

 

Blame The Parents – social care tactics to target SEND ‘problem parents’

Recently on SNJ’s Facebook page, someone accused us of being too hard on local authorities who were ‘trying their best’. Actually, I know first hand that many, many people working in LAs really are working diligently and with very large caseloads. I would encourage parents who have had a good experience to tell us about it, so we can herald good practice.

However – there’s always a however, unfortunately – too often parents are still being told the wrong information or LAs are not playing by the rules (i.e, the law). Too many in SEND and in social care departments are still behaving as if the Children and Families Act was just a bad dream, best ignored. This is very perplexing to me as the law is clear to read and to follow, so what’s happening to make compliance a bonus rather than the minimum expected?

Recently, I heard about something happening to a number of families regarding attempts to get social care help, that needs to be highlighted. Hopefully those who ARE doing good work in LAs can make sure it doesn’t happen in their departments.

Nathan Davies of solicitors HCB, has written to explain what, in his experience, has been happening.

Threatened with care proceedings after asking for support…

It is common, in my experience, for parents of children with autism to feel that concerns expressed to local authority professionals are often discarded, or that there is a distinct lack of understanding of the condition itself. This leads to disputes and disagreements between the parties. These issues tend to arise once parents have realised that they cannot continue without extra support or an alternative placement be sourced for their son or daughter. The request being made is often the trigger point for intervention in some form by the authority; usually via its social services department.
The prevalence of social services intervention has steadily risen in recent times. In practice, the possibility of it being initiated by the authority remains on the increase, despite this being a highly controversial, and often inappropriate, tactic.

Your word against theirs

The problem parents in this position face is that it is often their word against that of school staff or local authority professionals and  that is never a good starting position. The root issue however, is the aforementioned lack of understanding of the condition itself.  Those on the high-functioning end of spectrum often present very differently across a variety of settings. The fact that a child presents as very shy and reserved in school and then explodes into one exhibiting challenging behaviour at home, is very hard for some professionals to fathom and can lead to them questioning parenting ability.
Parents struggling to cope and requiring additional support in the family home, are often deterred by the threat of intense scrutiny and criticism by social services. The possibility of raising child protection issues or launching even care proceedings (in extreme cases) are tools local authorities are increasingly using, especially during these times of austerity and public sector cuts. But cuts can in no way be an excuse for such unnecessarily heavy-handed approaches being employed.

Nathan Davies
Nathan Davies

Professional guidelines

The Health and Care Professions Council (HCPC) has guidelines relating to standards of conduct, performance and ethics each registrant must uphold (this includes social workers). One of the pillars of practice is for the professional to ‘work within the limits of their knowledge and skills’. Given this, it is fundamental to ensure that each professional is appropriately trained and/or knowledgeable to a reasonable degree in autism to discharge their duties to the child and family appropriately.
If this is not done, one cannot expect a proper assessment of their social care needs to be undertaken; thereby polluting the entire process. Without such understanding of the condition, the HCPC guidelines specify that the matter should be referred to another practitioner if what the chid needs would be beyond the scope of their practice but this is rarely, if ever, done. It cannot be emphasised enough how important this is, especially when it is a requirement for each HCPC registrant to ‘promote and protect the interests of service users and carers’.
Below are some anonymised case examples which show how these strategies are being used by local authorities throughout the UK:

Case Study 1:

This concerned parents in England of a child with high-functioning ASD. Given her high-achievements at school, the child had attended mainstream school well into her teenage life (without an EHCP). Even when concerns were raised over challenging behaviour in the home as a result of her inability to cope at school, these were immediately treated as the parents over-exaggerating the child’s difficulties, even after they had secured a diagnosis for her from a multi-disciplinary team in the private sector.
The local authority, when requested to assess her additional learning needs, took action; they proceeded with social services intervention, a flawed and malicious assessment and subsequently placed the child on the Child Protection Register.  After seeking legal advice, the family challenged the authority, ultimately leading to a retraction. The child has now been issued with an EHCP with the SEN Tribunal agreeing that a specialist ASD placement be named.

Case Study 2:

This related to a family in South Wales, who again experienced great difficulties with their local authority.  The child had a diagnosis of Pathological Demand Avoidance but the parents had been unsuccessful in securing a specialist placement for their son via the Tribunal process, with the assistance of an advocate.
Given the extreme levels of aggressive behaviour in the home environment (and his inability access a school at all), it was imperative for the authority to accommodate the child, pursuant to section 20 of the Children Act 1989. The authority did so, but thereafter sought to target the family with a variety of unfounded allegations, unlawful s.47 investigations and blame for the child’s behaviour was attributed to perceived ‘bad parenting’, a manifestly unreasonable position to hold.
These issues were appropriately resolved in the parents’ favour, who were issued with a comprehensive and unreserved apology from the director of social services. The child now attends a suitable local provision and is thriving.

We need to be aware…

Unfortunately, scenarios such as the above are becoming more common and intimidation of parents who are simply trying to get help for their child is often difficult for many to comprehend. Parents being penalised or vilified for seeking support for their disabled child is not right in any society, yet it appears that in 21st century Britain this is perfectly acceptable in some LAs. Awareness of this issue being made known to the public can only help parents in similar situations.

Nathan Davies, Education Law Solicitor

https://www.specialneedsjungle.com/social-care-tactics-send-problem-parents/?utm_campaign=shareaholic&utm_medium=facebook&utm_source=socialnetwork

Gwynedd Council Data Protection Fail.

Preparing  paperwork for the meeting with the independent invesigators dealing with my stage 2 complaint against Gwynedd council, I was astonished by the council’s use of a black marker to censor comments made by managers to other agencies involved with the family.
The investigators were more shocked than I and told me there was no need or reason for council staff to censor and it should not have happened.
Then I discovered Gwynedd council had also sent me the personal information of another person.
Oh dear.

Gwynedd Council’s Management Issues.

So where were we ?
Ah yes – I cancelled the meeting with the social worker.
The partner had become ill with the stress and nastiness of it all and my daughter had just suffered a miscarriage – all this and dealing with the light and dark side of PDA – it was a relief to use the time to calm down and think…
The social worker turned up anyway.
Lowri Williams, customer care(!) wrote later “…the Service felt that cancelling the meeting was not appropriate,”
Mr Haydon also wrote a report to his managers describing the meeting with me.
Jamie, I have seen a copy of your report and I hardly recognise your version of events.
Will the report be updated to include how you foot shuffled and spent most of our exchange staring at the floor like a scoolboy , mumbling –
“You haven’t made a complaint about me, have you ?”
Will you update the report to include the fact that your managers, Melvin Panther and Sharron Williams Carter sent you to my house knowing that I had raised issues with your bad behaviour and cancelled the meeting – without informing you ?
Do you think that is “appropriate” behaviour from your managers, Jamie ?
Jamie, in your report you call me ‘agitated’ when I answered the door – that was a mixture of horror and anger at your presence until I realised that you had been set up.
What manager would send an employee out to visit someone who was upset and not even advise them ?
Were they hoping for confrontation ?
Have you raised an issue with #Unison that your managers put you in an impossible situation with little regard for your safety ?
I remember saying to you “Jamie, contact your managers. Something weird is going on.”
You whispered that you have to wait for them to get in touch.
#Shocking –  from you, Jamie, and your managers.
Cyngor Gwynedd have refused my right to make an official complaint about the incident.