Agenda item

(To receive a report from the Executive Director for Adult Care and Community Wellbeing and the Monitoring Officer, which invites the Executive to consider the Report and outcome of an investigation by the Local Government and Social Care Ombudsman into allegations of maladministration and for the Executive to receive the Ombudsman's Report on behalf of the Council and consider the recommendations of the Ombudsman and the actions taken and proposed to be taken by the Council under the Local Government Act 1974)

(1)  That the Executive report and the Report of the Ombudsman, as detailed at Appendix A, be received.

(2)  That the actions already taken to address the concerns set out in the Ombudsman's Report, as set out in the Executive report, be affirmed and noted.

(3)  That the recommendations of the Ombudsman, as detailed at paragraph 59 of the Ombudsman's Report be accepted as set out in paragraph 1.38 of the Executive report.

(4)  That approval be given to the carrying out of a full review of the legal, financial and operational implications of the recommendations, as detailed at paragraph 60 of the Ombudsman's Report, with a view to a decision being taken on the Council's future approach to payment arrangements for residential care prior to the expiry of the 6 month period specified by the Ombudsman.

(5)  That the Executive Councillor for Adult Care, Health and Children's Services be delegated authority to the taking of the final decision in respect of the recommendations in paragraph 60 of the Ombudsman's Report.

A report from Glen Garrod (Executive Director for Adult Care and Community Wellbeing) and Richard Wills (Monitoring Officer) was considered, which presented the Report and outcome of an investigation by the Local Government and Social Care Ombudsman into allegations of maladministration and invited the Executive to receive the Ombudsman's Report on behalf of the Council and consider the recommendations of the Ombudsman and the actions taken and proposed to be taken by the Council under the Local Government Act 1974. 

In addition, the Executive's report fulfilled the Monitoring Officer's statutory responsibility under section 5A of the Local Government and Housing Act 1989 to report to the full Executive instances of maladministration in the exercise of executive functions identified as a result of an Ombudsman's investigation. 

It was advised that the Ombudsman had issued the Report, as attached at Appendix A to the report, following an allegation of maladministration on the part of the Council in the exercise of its adult social care function.  The Ombudsman had concluded that the Council had been guilty of maladministration and that this had caused injustice to the complainant.  The Ombudsman had issued a public report, which included recommendations that he considered would be necessary to remedy the injustice in this particular case and more widely.  Page 60 of the Agenda pack detailed the Ombudsman's Recommendations and the actions that the Council had either taken or proposed to take in addressing those recommendations.

It was noted that the Adults and Community Wellbeing Scrutiny Committee had considered a report on Report by the Local Government and Social Care Ombudsman at its meeting on 14 February 2018 and agreed to support the six recommendations to the Executive.  The Committee had also requested that it should consider the full review of the legal, financial and operational implications of the recommendations in paragraph 60 of the Local Government and Social Care Ombudsman's Report.

The circumstances surrounding the complaint were discussed by the Executive and how the implementation of Mosaic had made improvements to the recording of information. The Executive was assured that the standard of care provided was not under question.

RESOLVED

(1)  That the Executive report and the Report of the Ombudsman, as detailed at Appendix A, be received.

(2)  That the actions already taken to address the concerns set out in the Ombudsman's Report, as set out in the Executive report, be affirmed and noted.

(3)  That the recommendations of the Ombudsman, as detailed at paragraph 59 of the Ombudsman's Report be accepted as set out in paragraph 1.38 of the Executive report.

(4)  That approval be given to the carrying out of a full review of the legal, financial and operational implications of the recommendations, as detailed at paragraph 60 of the Ombudsman's Report, with a view to a decision being taken on the Council's future approach to payment arrangements for residential care prior to the expiry of the 6 month period specified by the Ombudsman.

(5)  That the Executive Councillor for Adult Care, Health and Children's Services be delegated authority to the taking of the final decision in respect of the recommendations in paragraph 60 of the Ombudsman's Report.