Source · SPSO (Scottish Public Services Ombudsman)

Dundee City Council

SPSO (Scottish Public Services Ombudsman) Partly Upheld Reference 201508257 Sector Local Government Category complaints handling (incl social work complaints procedures) Decided 01 July 2016

View Derby City Council scorecard

Full decision

Summary

Ms C complained to us about the council's handling of her complaint about the direct payments awarded to her for the care of her mother (Mrs A). Mrs A has Alzheimer's disease and is cared for in Ms C's home. We found that the council should have dealt with Ms C's initial correspondence as a complaint, but had failed to do so. When Ms C then made a further complaint, there was a delay in acknowledging this and in letting her know how it would be handled. In view of these failings, we upheld this aspect of Ms C's complaint.

Ms C had then taken her complaint to a social work complaints review committee (CRC), as she was unhappy with the council's response. She complained to us that the CRC had failed to adequately consider some of the points she had raised. In social work cases, there is a separate social work complaints procedure that has been set up by law and ends in an appeal to the CRC. We can look at the CRC process to ensure it has been properly followed, however, this does not include looking at the subject of the complaint to the CRC or reviewing their decision. Whilst we can look at whether or not the CRC took evidence into account, we cannot review how they used this evidence in reaching their own conclusions.

In Ms C's case, we were satisfied that the CRC had considered the points she had raised. It was for the CRC to decide on the issues presented to them and on how much weight to give to the information they received from Ms C and the council. We did not uphold this aspect of Ms C's complaint.

Finally, Ms C complained that the council had not complied with the CRC's recommendations. Whilst we recognised that Ms C was unhappy with the action taken by the council in response to the CRC's recommendations, we were satisfied that they had complied with the recommendations. We did not uphold this aspect of Ms C's complaint.

Recommendations

We recommended that the council: issue a written apology to Ms C for the failures identified in relation to their handling of her complaint.

Related reading

View Decision Report 201508257 as a PDF (12.45 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Dundee City Council

Reference Date Summary Outcome
202204333 01 Aug 2023 C complained about the council's handling of reports they made about their neighbours' antisocial behaviour. They reported a number of … Upheld
202103458 01 Aug 2023 C complained that the council failed to respond appropriately to concerns they raised about their child (A) who had cancer. … Upheld
201903373 01 Aug 2020 C complained about the council’s actions in response to a child protection concern about their child (A) particularly about information … Upheld
201806506 01 Jul 2019 Ms C complained that the council unreasonably failed to carry out parenting capacity assessments to establish whether Ms C was … Partly Upheld
201802500 01 Jul 2019 Mr C is a kinship carer and he approached the council to apply for kinship care allowance. The council approved … Partly Upheld
View all decisions for this organisation