"for a local authority to behave in the way described by the ombudsman...is shocking"

Has the 2020/21 Children and Families Annual Complaints Handling Report circumvented Gwynedd council's Care Scrutiny Committee and any issues that councillors may have wished to raise ?

The last complaints report to go before scrutiny was in 2019 and that was not a meeting the senior complaints officer would have enjoyed. The Committee asked for more detail than usual and the officer made several references to the Ombudsman for Wales. The Ombudsman has since denied the words of the officer. The latest report, authored by the Head of Children's SS refers back to the June, 2019 Ombudsman's report and writes - "...recommendation asked the Department to look at the pathway within the Children’s Service in relation to Autism."

There is no pathway - that is the point. The Ombudsman for Wales recommendation from the investigation dated June, 2019 is quite clear - 71.The Council should (within three months) seek specialist input to develop a plan for dealing with future assessment and support requests from/for those suffering with Autism. Under 'lessons learnt' - "Moving forward, we have learnt an important lesson. At the first point of contact, we need to ensure that we read and understand the report and recommendations..." The Ombudsman's report and recommendations the Head of Children and Families failed to read and understand can be found here - http://www.lukeclements.co.uk/wp-content/uploads/2019/07/Gwynedd-CC-FINAL-REPORT-201801474.pdf

Another recommendation from the same Ombudsman's report was -

68. The Council should, through its Chief Executive, apologise in writing

to Mr & Mrs A (and through that letter to X for failings...).

The apology must cover the following matters:

•the delay in providing its response to their complaint.

•the officer’s apology for distress caused by his comments.

•the failure to review X’s child in need plan.

•the other failures identified above.

The 'other failures identified above' include the circumstances that led to an investigating officer feeling 'overwhelmed' and 'bullied' at a meeting which the Head of the Children's department chaired. Evidence from the council is noted as 'disingenuous' in the Ombudsman's report that also found senior officers had indeed interfered with an 'independent' investigation. Four/five pages were deleted from the original report - these pages included criticism of officer's and departmental failings.

It must be remembered that this investigation was hampered by the council informing the investigators that one officer involved had left the council and so could not be questioned. Once the investigation had concluded the officer then rejoined the council. What of the officer's continuity of employment ? Luke Clements is the Cerebra Professor of Law and Social Justice at the School of Law, Leeds University. In 2013 he was the Special Adviser to the Parliamentary Committee that scrutinised the draft Bill that resulted in the Care Act 2014. He wrote an article on the case - Hopefully the local authority in question will implement the ombudsman’s recommendations and take a long hard (and reforming look) at the organisational culture that allowed these deplorable events to occur.

This report is incredibly troubling on many levels – not least that a local authority had so clearly failed to understand its legal obligations. What is (to an outside observer) of most concern, is the level and nature of challenge experienced by the IIO. We are well aware of families being fearful of the consequences of complaining – fearful of retaliatory action by authorities – but for a local authority to behave in the way described by the ombudsman towards independent investigators is shocking. Complaints’ investigators are acting on behalf of Chief Executives / council members. For a culture to develop where such an investigator considers that she is being bullied and for the ombudsman to agree that the impression given was of a council seeking to influence the outcome of an independent review – strikes at the very heart of the review process. Ultimately senior legal officers and council members are responsible for the organisational culture of their authority – and these officers / members should take a long hard look at this report. The full article can be found here - http://www.lukeclements.co.uk/omg-will-it-never-end-2/

Something is very wrong within Gwynedd council...