Investigation Report 201101997

  • Report no:
    201101997
  • Date:
    August 2012
  • Body:
    Glasgow City Council
  • Sector:
    Local Government

Overview
The complainant (Mr C) complained about Glasgow City Council (the Council)'s handling of financial assessments carried out for his parents, both of whom required residential care. Mr C's complaint was considered by a Social Work Complaints Review Committee. However, they declined to comment on the substantive part of his complaint. Mr C complained that there was no mechanism for appealing the original decision which he felt was made improperly. He also raised concerns about the Council's communication.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) the Council unreasonably failed to properly apply the Charging for Residential Accommodation Guidelines rules in respect of both Mr C's mother's and father's circumstances (not upheld);
  • (b) the Council unreasonably excluded the substantive decisions on financial assessments and interpretation of Charging for Residential Accommodation Guidelines from the remit of the Complaints Review Committee (upheld);
  • (c) the Council unreasonably failed to inform Mr C that the substantive element of his complaint would not be considered by the Complaints Review Committee, despite his making it clear that that was what he wanted to be addressed (upheld);
  • (d) given that the Complaints Review Committee excluded the matters, the Council has unreasonably failed to put in place a proper review or complaints process for Social Work Services' substantive decisions on financial assessments and interpretation of Charging for Residential Accommodation Guidelines (upheld); and
  • (e) following the Complaints Review Committee which upheld Mr C's complaint about failures of communication, the Council continued to demonstrate significant failures in communication (upheld).

 

Redress and recommendations
The Ombudsman recommends that the Council:

  • (i) take steps to inform any complainants progressing to review by a CRC of the extent of the CRC's remit and powers;
  • (ii) ensure that CRC members have appropriate training and access to expert advice to deal with all matters presented to them;
  • (iii) arrange for Mrs A's financial assessment to be independently reviewed; and
  • (iv) apologise to Mr C for the failings identified in this report.

Updated: December 11, 2018