A word from the Ombudsman, Michelle Morris
Welcome to the 5th edition of our newsletter.
It has now been over a year since I published my Strategic Plan 2023-26 ‘A New Chapter’ and I am pleased to see that we have started to make good progress towards achieving the ambitious goals set out in the plan.
Since April, my focus has been on rebuilding the reputation of the office, following the social media incident which called our impartiality into question. I was therefore pleased to receive the outcome of Dr Melissa McCulloch’s independent review of our Code of Conduct processes, delegations and decisions. I welcomed the confirmation that our decision making, in respect of Code of Conduct complaints, is free from political bias. Below I discuss the key findings from the report.
Again, we bring you a quick and easy-to-digest summary of our work between April and October 2024. Below, you will find summaries of our recent public interest and own initiative reports, our code of conduct referrals and key statistics from our Annual Report & Accounts for 2023/24.
Annual Report 2023/24
In August, we published our Annual Report & Accounts for 2023/24. The report showed a staggering 37% increase since 2019 in the number of new complaints we received about public services and the behaviour of local councillors.
2023/24 marked our most efficient year – we handled over 10,000 cases, closing more than we have ever have done before and reducing the costs for each case and investigation. We also successfully reduced our aging cases, those over 12 months old, by 70%, by the end of the year. These cases are often the most complex and distressing for the people making the complaint. We are now well on track to meeting the objective to complete all of these older cases by the end of March 2025.
Read our Annual Report & Accounts for 2023/24.
Watch our Annual Report video:
To browse or search summaries of complaints we resolved early or investigated, see Our Findings.
Our Workload
Complaints about public services
During 2023/24, we received:
- 939 complaints about Health Boards, a 31% increase over the past five years
- 1,110 complaints about Local Councils, a 28% increase over the last five years
- 380 complaints about Housing Associations, a 47% increase over the last five years
Clinical treatment in hospital remains the subject of the highest number of complaints, making up 44% of all health complaints.
We found that something had gone wrong and intervened in 20% of those cases, a 52% increase over the last five years. 3 out of 4 times, we intervened by proposing Early Resolution, to deliver justice quickly, without the need for a full investigation.
In addition, during 2023/24, we issued 8 public interest reports on some of the most serious complaints; these related to healthcare and the provision of gypsy and traveller accommodation.
The first 6 months of this year have brought an unexpectedly large increase in new public services complaints, with around 20% more than this time last year. There is no clear cause for this significant rise. We are taking steps to manage the increase and I am pleased to say that, so far, we remain on track to meet our targets. In particular, our average time for investigations is now 48 weeks; at the start of the year this was 64 weeks. We have only a very small number of investigation cases that are more than a year old, which is a huge improvement on previous years.
My Strategic Plan for 2023-2026 seeks to have a positive impact on people and public services in Wales and to increase accessibility and inclusion, so that we reach many communities and complainants who may be living in vulnerable circumstances. With that in mind, we have changed our approach in some housing complaints this year, on a case by case basis. Where a complainant’s immediate concern is for any outstanding repairs to be completed, we will continue to ensure that happens, by agreeing action through an agreed resolution with a body. We will, in future, also continue to look into why there was a delay by the body in taking action. This means we can identify further learning for both the organisation and the social housing sector. A number of complaints reviewed and discussed in this report led me to extend my approach in this way as, too often, it seems that my intervention prompted some activity on the part of the public body whereas, if matters had been promptly dealt with, a complaint to me would not have been necessary.
Compliance with our recommendations
Last year, 68% of all the recommendations we made to bodies in our jurisdiction were closed in line with the target we had agreed with them and, on 31st March 2024, we had 66 recommendations outstanding. In practice, all of our recommendations are closed – but the remaining portion were closed after the agreed date.
So far this year, 62% of our recommendations have been closed in line with their target and we currently have 71 outstanding. Relevant bodies are sending their compliance evidence to us about half a day early, on average – but this performance, as well as the headline statistic, is disproportionately affected by difficulties we have experienced obtaining information from one health board.
Code of Conduct complaints
In 2023/24, we made 21 referrals to the Standards Committee of the relevant local authority, or the Adjudication Panel for Wales – Standards Committees and the Adjudication Panel for Wales upheld and found breaches in 85% of our referrals they considered in 2023/24.
New Code of Conduct complaints have continued at a steady rate in the first half of this year with 158 received. The overall numbers, although slightly lower than those received during the same period last year, remain significantly high when compared to earlier years (in the region of 11%). Whilst there is no obvious reason for such high numbers, two thirds of complaints received related to members of Town and Community Councils. It is not unusual, in this setting, to receive multiple complaints about several members of the same council, repeated complaints about the same issue(s) and counter complaints. Although we are managing to maintain our assessment targets, it remains important to us to ensure that our resources are used effectively and that any investigation is proportionate and required in the wider public interest.
Improvement work
We also have an important role to drive public services improvement. In 2023/24, we continued our important work to introduce complaints handling standards to public bodies in Wales.
56 public bodies across Wales now comply with our Complaints Standards, including 23 housing associations and all local authorities and health boards in Wales. We have provided 500 training sessions since 2020, reaching about 10,000 staff at public bodies in Wales.
Our Annual Equality Report 2023/24
In September, we published our Annual Equality Report for 2023-2024.
We were delighted that, for another year, we had no median gender pay gap and our mean gender pay gap had also reduced. This is a testament to our commitment to being an equal opportunities and fair employer. However, we are also conscious that we must continue to improve equality, diversity and inclusion across our organisation. There remain areas for us to work on.
As a small organisation, one or two changes in staff can have a significant impact But, through regular monitoring of equality data, we can take swift and responsive action to reconcile this, as shown by our innovative Welsh speaking graduate scheme, whose purpose is to increase the people working for us from diverse communities. We will continue to champion equality, ensuring that every voice is heard and valued.
Read our Annual Equality Report for 2023-2024
Our Casework – April to October 2024
Public Interest reports
Between April and October, we have published 4 public interest reports.
Betsi Cadwaladr University Health Board – 202300527
We found failings in nursing care for Ms A, an adult with learning disabilities. In addition to failing to monitor and manage Ms A’s pain and epilepsy, Betsi Cadwaladr University Health Board also failed to communicate with her and support her personal care needs, nutrition and hydration. Find more details here.
Betsi Cadwaladr University Health Board – 202207270
We found that a cancer patient in the care of Betsi Cadwaladr University Health Board was denied potentially curative surgery and had a biopsy privately, due to an unacceptable delay in the Health Board being able to undertake this procedure. Find more details here.
Betsi Cadwaladr University Health Board – 202206250
We found that, had Mrs K been treated appropriately at the outset by Betsi Cadwaladr University Health Board, her acute pancreatitis would have been treated successfully and on balance, her deterioration and death might have been prevented. Find more details here.
Cwm Taf Morgannwg University Health Board – 202302939
We issued a public interest report against Cwm Taf Morgannwg Health Board after it ignored requests and reminders from us to respond to our draft report and the recommendations for improvements that it included. Find more details here.
Code of Conduct referrals
During the last two quarters, we saw decisions on investigation referrals to Standards Committees and to the Adjudication Panel for Wales:
Councillor Attridge of Flintshire County Council and Connah’s Quay Town Council
Our report concerned a complaint that the Councillor had made inappropriate sexualised comments to a vulnerable member of the public, bullied Council Officers, disclosed confidential information, abused his position of trust and failed to declare a personal and prejudicial interest.
Our report on our investigation was referred to the President of the Adjudication Panel for Wales, for adjudication by a Tribunal.
The Tribunal found that the Member had failed to comply with the Code of Conduct. Its sanction was to suspend the Member from both Councils for 4 months.
Former Councillor Morelli of Bridgend Town Council
Our report concerned a complaint that the former Councillor, whilst out campaigning for local elections, spoke to a member of the public who said that he would be voting for an opposition Councillor. The Former Member was alleged to have responded using a disrespectful phrase to refer to the opposition candidate.
The Standards Committee of Bridgend County Borough Council decided that former Councillor Morelli had failed to comply with the Code of Conduct of Bridgend Town Council and that she should be censured. However, the Standards Committee advised that, had the member been a current member of the Council they would have imposed a suspension of 4 months.
Councillor Lewis of Neath Port Talbot County Council
Our report concerned a complaint that Councillor Lewis had been arrested by the Police on suspicion of driving his car whilst being under the influence of alcohol and subsequently faced criminal prosecution and sanction at the Magistrates Court.
The Standards Committee of Neath Port Talbot County Council decided that Councillor Lewis had failed to comply with the Code of Conduct and that he should be suspended for 4 months.
Councillor Jones of Porthcawl Town Council
Our report concerned two complaints relating to social media posts made by the Councillor.
It was alleged the Councillor had used disrespectful language towards the Former Clerk on social media and had refused to apologise, at a Town Council meeting. During the investigation, the Ombudsman concluded also that there was evidence to suggest that the Councillor had failed to comply with a request made by this office during the course of the investigation.
The Standards Committee of Bridgend County Council decided that the Councillor had failed to comply with the Code of Conduct in relation to the social media post and compliance with the Ombudsman’s requests. The Committee decided to suspend Councillor Jones for 2 months. The Committee also recommended to its full committee that consideration be given to attending meetings of the Town Council in an observational capacity.
Former Councillor Davies of Newquay Town Council
Our report concerned a complaint that the former Councillor had been charged by the Police with malicious intent to blackmail or harass. Our report on our investigation was referred to the President of the Adjudication Panel for Wales, for adjudication by a tribunal.
The Tribunal found that the Former Member had failed to comply with the Code of Conduct. Its sanction was to disqualify the Former Member from being a member of any Relevant Authority, as set out in the Local Government Act 2000, for 12 months.
Councillor Driscoll of Vale of Glamorgan County Council
Our report concerned a complaint that the Councillor had breached the Code of Conduct when he applied to the Council for a number of business grants.
The Standards Committee of Vale of Glamorgan County Council decided that Councillor Driscoll had failed to comply with several provisions of the Code of Conduct and that he should be suspended for 3 months.
Councillor McIntosh of Powys County Council and Brecon Beacons National Park Authority
Our report concerned a complaint that the Councillor had inappropriately emailed an officer of the Authority to complain about the content of a personal Facebook post that the officer had made and copied senior colleagues into that email.
The Report was referred by Powys County Council and Brecon Beacons National Park Authority to the Standards Committee of Ceredigion County Council for consideration, using relevant regulations. The Committee found that the Member had failed to comply with the Code of Conduct, in respect of both the Council and the Authority. The Committee determined that it was appropriate to censure the Member in respect of the breaches found in respect of both the Council and the Authority’s Codes of Conduct.
Additionally, the Committee made a training recommendation about the use of social media matters to the Councillor.
Former Councillor Davies of Ceredigion County Council and Aberystwyth Town Council
Our report concerned a complaint that the former Councillor had been involved in a number of separate incidents of inappropriate harassing and stalking behaviour towards women. Our report on our investigation was referred to the President of the Adjudication Panel for Wales, for adjudication by a tribunal.
The Tribunal found that the Former Member had failed to comply with the Code of Conduct. Its sanction was to disqualify the Former Member from being a member of any Relevant Authority, for 3 years.
Councillor Cowan of Llantilio Pertholey Community Council
Our report concerned a complaint that the Councillor had threaten to punch a fellow Councillor over an argument during a full meeting of the Council.
The Committee found that the Member had failed to comply with the Code of Conduct. The Committee determined that it was appropriate to censure the Member in respect of the breaches found. Additionally, the Committee made a training recommendation to the Councillor.
Councillor Cordery of Buckley Town Council*
Our report concerned a complaint that the Councillor had called for the Former Clerk’s resignation at a Council meeting which was attended by Councillors, staff and members of the public.
Flintshire County Council Standards Committee found that Councillor Cordery had failed to comply with the Code of Conduct. Its sanction was to suspend the Councillor from the Council for 6 months. The Standards Committee also made 4 significant recommendations:
- All Town and Community Councils in Flintshire to ensure new members undertake Code training within 3 months of joining.
- All Town and Community Councils in Flintshire to ensure members sign up to a Civility and Respect Pledge.
- That Members’ induction training in all Town and Community Councils in Flintshire should include training on Standing Orders
- All Members of Buckley Town Council to undertake refresher training on the Code of Conduct.
* This decision is subject to appeal
Note:
We have welcomed the proactive approach taken by the Standards Committees in many of these cases, by adding recommendations to their determinations as a means of promoting and maintaining high standards of Conduct amongst members in their authorities and wider town and community councils.
Independent Review of PSOW’s Investigation of Code of Conduct Complaints
Following the discovery of the inappropriate use of social media by a former team manager in the spring of this year, concerns were raised about the impartiality and independence of our office, particularly in relation to the handling of complaints about local councillors who may have breached the Code of Conduct for members.
We therefore commissioned Dr Melissa McCullough, the Standards Commissioner for the Northern Ireland and Channel Islands Assemblies, to lead an independent review, to establish whether processes, delegations and decisions in relation to the assessment and investigation of complaints by the Code of Conduct Team, and the former team manager, had been sound and free from political bias.
In September, we published the findings of our independent review. The review found our decision making to be appropriate, fair and free from political bias and concluded that:
- Our Code of Conduct processes and delegations are robust, in terms of safeguarding, fairness and impartiality. They are systematic, well documented and supplemented with appropriate guidance and the reasoning for decisions is required to be recorded and explained, as applicable.
- All decision-making is based solely on evidence, facts, and solid, well-articulated reasoning and, as such, there was no evidence of political bias. The case review found no evidence that the decision-making on any of the cases reviewed was influenced by any political affiliation of the person who made the complaint and/or the member who was complained about.
- There was no evidence that the former team manager expressed her personal views on political matters “akin to her social media posts” in the office and/or inappropriately influenced any other staff members, in the performance of their duties under the Local Government Act 2000.
The review made recommendations to improve the current safeguards for ensuring fairness and impartiality. Lessons learned were also identified to lessen the risk of this type of thing happening again in the future. We accepted all the recommendations and the lessons learned will be used to further strengthen internal policies and practices, recruitment and training.
This review recognises the excellent work done by the Code of Conduct Team and we are pleased that the Independent Reviewer has stated that it should provide reassurance, to the public and elected members, that they can trust and have confidence in our work.
Read the Independent Review of Investigations into our Code of Conduct complaints.
Our second Own Initiative Investigation into the administration of carers’ needs assessments in Wales
In October, we published the findings of our second ‘own initiative’ investigation, which focused on the administration of carers’ needs assessments by 4 Local Authorities in Wales – Caerphilly County Borough Council, Ceredigion County Council, Flintshire County Council and Neath Port Talbot Council. According to the 2021 Census, between 10% and 12% of the population in the Investigated Authorities identify as unpaid carers.
We found that, although carers are legally entitled, under the Social Services and Well-being (Wales) Act 2014, to a ‘needs assessment’ if they appear to have needs for support or are likely to do so in the future, only 2.8% of the carers in the Investigated Authorities have had their needs assessed and only 1.5% had an assessment that led to a support plan.
Some areas of good practice were identified across all 4 local authorities but our report highlighted several areas for improvement:
- The early identification of carers, to support them through early intervention and prevention and to avoid them reaching crisis point before they seek assistance – it is important that carers are informed that they have a right to have their needs assessed separately from the person they are caring for, if they want a separate assessment;
- The early identification of carers is not only the role of local authorities; health services also have a role to play and there is a need for improved collaboration;
- There is a need for better data collection and use of equality data;
- There is a need for better monitoring of the quality and consistency of carers’ needs assessments – when local authorities contract another organisation to complete carer needs assessments on their behalf, they remain responsible for the services and should monitor the contractual arrangements;
- Local Authorities must ensure that their staff and those employed by other organisations commissioned to deliver services are trained appropriately on carers’ rights and how to assess carers’ needs.
We hope that the learning and recommendations highlighted in our report will be helpful, not only to the 4 Investigated Authorities, but to all local authorities in Wales. We encourage local authorities and health boards to reflect on their own role in supporting carers. Doing so will help drive improvements across Wales and ensure that all carers, regardless of where they or the cared-for person lives, have their rights upheld and feel supported to enable them to continue in their often demanding, caring roles.
We were delighted to note that the actions identified are already being taken forward by the Welsh Government through its Ministerial Action Group.
Watch a video about the report:
New features on our website
This year we have been working hard to improve our website. Have you used some of the new features on our website yet?
Our newly updated Advice and Advocacy Bodies list. This comprehensive list is designed to help the public find the assistance they need when making a complaint, or if we are unable to investigate their complaint. Whether they’re seeking advice or advocacy, our updated directory will guide them to the right support.
Watch our video for step-by-step instructions on how to access and use the list.
Easy Read tab. We now have a dedicated tab for our Easy Read documents. Easy Read documents are designed to make information accessible for everyone, especially those with learning disabilities. They use simple language and clear visuals to ensure understanding for all.
Read EasyRead versions of our documents.
Complaint Checker. A tool to check whether we can investigate a complaint or not.
Try out our new Complaint Checker.
Outreach
This year we have been working differently to build awareness of our service with people from groups that have been under-represented amongst our complainants. We are happy to report that, as a result of our targeted approach of directly engaging with our prioritised communities, we are starting to see an increased awareness among these groups.
We aim to increase representation from our prioritised groups:
- Welsh language speakers,
- disabled people,
- people from diverse nationalities and ethnicities
- young people,
- people experiencing socio-economic disadvantage.
Since April, we used opportunities to promote improvement and raise awareness of our office at:
- The National Eisteddfod in Pontypridd
- Mastering Diversity Conference, organised by a member of our Advisory Panel, Bernie Davies
- Cardiff and Vale Unpaid Carers Assembly
- Minority Ethnic Communities Health Fair, organised by Race Equality First
Please contact our Communications Team at communication@ombudsman.wales to discuss any outreach activities.
To join the press list for PSOW news, please email us at communication@ombudsman.wales.