This Fact sheet is about complaints relating to the Care Inspectorate Wales (CIW). It should be read together with our general information booklet about our service. CIW is responsible for encouraging improvement in social care, early years and social services. It achieves this aim through regulation, inspection and review. If you think that CIW has not followed the law, regulations or guidance, the Ombudsman may be able to help you with your complaint. The Ombudsman would normally expect you to complain to CIW (Welsh Government) itself, in the first instance.
He can:
- Look at complaints about procedural and administrative shortcomings arising as part of CIW’s regulatory function;
- Look at complaints about procedural and administrative shortcomings arising during a CIW review of Local Authority Social Services;
- Look at complaints where CIW has failed to provide a response or provided an unsatisfactory response;
- Consider complaints about CIW’s reporting process.
He cannot:
- Consider any issues of suspension, discipline or any personnel issues concerning CIW officers or those bodies that it regulates or inspects;
- Question a properly-made decision that CIW is entitled to make.
- Regulated Services are required by law to have their own complaints procedure in place. Local Authority Social Services can also become involved in considering complaints about regulated services where it has purchased care on behalf of someone. The Ombudsman can also investigate complaints made by people who self fund their own care in care homes and through domiciliary care services. CIW is interested in the nature of complaints in regulated services as it is responsible for checking compliance with the legal framework.
- Local Authority Social Services have the lead responsibility for safeguarding children and adults. They work with other statutory bodies in carrying out this function.
- Complaints about ‘Social Services’ should be dealt with under the Local Authority Social Services own procedure in the first place (refer to “A guide to handling complaints and representations by local authority social services”).
- Providers of services also have rights to make representations to CIW and appeal on regulatory matters to the Care Standards Tribunal.
Further information about CIW, including copies of inspection reports, can be found on its website: http://careinspectorate.wales/?lang=en
If you wish to appeal against a regulatory decision taken by CSSIW that you have already made a representation about to CSSIW itself, you can appeal to the Care Standards Tribunal: Care Standards Tribunal, 1st Floor, Darlington Magistrates Court, Parkgate, DL1 1RU; Tel: 01325 289350; Email: cst@hmcts.gsi.gov.uk
If you have a complaint regarding the actions of an individual social worker or care worker, you may wish to contact the Care Council for Wales: The Care Council for Wales, Southgate House, Wood Street, Cardiff, CF10 1EW;
Telephone: 0845 0700 248; Email: FTP@ccwales.org.uk Website: www.ccwales.org.uk
The Ombudsman is independent and impartial; he cannot order public bodies to do what he recommends – but, in practice, they almost always do. Examples of cases that the Ombudsman has considered can be found on our website. Please see www.ombudsmanwales.org.uk
If you are unsure whether the Ombudsman would be able to look into your complaint, please contact us.