Cyngor Gwynedd Council - Adjudication Panel Of Wales.

 It was a surprise to many when the CEO of Cyngor Gwynedd council retired earlier this year during the Covid19 pandemic. Now the council are advertising for a Head of Finance...

The council are also looking to employ a solicitor or barrister to head their legal team...

In other news a person has reported finding a discarded file of various documents -  a data breach ?
One relates to a recent 'code of conduct' complaint made to the Ombudsman by one Gwynedd  Council member about another. It appears to show that the Ombudsman has passed the matter on to the Adjudication Panel of Wales - so that will be an interesting report...

Something is very wrong within Gwynedd council...
 

ICO Update On The Holden Report - Betsi Cadwaladr University Health Board.

 ICO Disclosure Log – Response IC-132080-Q6Y0
“What is happening with the Holden Report please?”

Your request has been handled under the Freedom of Information
Act 2000 (the FOIA). As you are probably aware, this legislation provides public access to recorded information held by a public authority unless an appropriate exemption applies.

Our response
We do hold information with the scope of your request. As you may be aware the ICO issued a Decision Notice under the reference FS50882004 in June 2020 in which the Commissioner decided that
Betsi Cadwaladr University Health Board was not entitled, under section 21 or section 41 of the FOIA to withhold the requested

information which was contained within the Holden Report, and required that it be disclosed, with personal data redacted.

The Health Board subsequently raised an appeal against the Commissioner’s decision which is now before the First-Tier Tribunal.

As the matter is now the subject of an appeal the Health Board is not required to disclose the report until the Tribunal issues its decision and depending on whether the Tribunal upholds the appeal
or not.

FOI review procedure

If you are dissatisfied and wish to request a review of our decision
or make a complaint about how your request has been handled you should write to the Information Access Team at the address below or e-mail icoaccessinformation@ico.org.uk.
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of
the Commissioner.
If having exhausted the review process you are not content that your request or review has been dealt with correctly, you have a further right of appeal to this office in our capacity as the statutory complaint handler under the legislation.
To make such an application, please write to our Customer Contact Team at the address given or visit our website if you wish to make a complaint under the FOIA. 

 

Inaccurate And Misleading ? - Gwynedd Council - Ysgol Abersoch

Cyngor Gwynedd Council's Education and Economy Scrutiny Committee met on 21/10/21 to discuss the closure of Ysgol Abersoch. The decision to close the small school in December has caused much tension between locals and the council.

Concerns have been raised that the majority of the consultation process has happened during the Covid19 pandemic and that the council's report was inaccurate and misleading...

The Cabinet Member for Education, Cemlyn Williams, is confident the process has been fair.
Can the same be said of other processes the Ed department has been involved with ? Are critical reports being sat on by this department, too ?

With the meeting going nowhere, Councillor Judith Humphreys proposed sending the matter back to the Cabinet.  This did not go down well and an amendment was raised by Dewi Roberts, Councillor for Abersoch, who asked for the matter to go before full Council to hear the views of all Councillors.

Things then became a little surreal. During the vote on referring the matter to full council - one lay member seemed to freeze and stated she did not know what to do and asked for help. Democratic services had to intervene saying she could not be advised how to vote. The lay member voted against referring to full council and the amendment fell by the one vote.

The proposal to send the matter back to Cabinet - from whence it came - was passed.

The webcast of the meeting can be found here - https://gwynedd.public-i.tv/core/portal/webcast_interactive/610141

 

 

 

 

Gwynedd Council - Application For Indemnity By A Councillor Under The Council's Policy

There is to be a special meeting of Cyngor Gwynedd Council's Standards Committee on Tuesday, 26h October, 2021. 

4. EXCLUSION OF PRESS AND PUBLIC
The Chair shall propose that the press and public be excluded from the
meeting during the discussion on the following item due to the likely
disclosure of exempt information as defined in paragraph 18C, Part 4,
Schedule 12A of the Local Government Act 1972. This paragraph should
apply because it concerns the deliberations of the Standards Committee in
reaching a finding on a matter referred to it by the Public Services
Ombudsman for Wales.

It is believed that the information should not be disclosed so that the
councillor is not prejudiced by any possible publicity of the case before any
hearing. Consequently the public interest in maintaining the exemption
outweighs the public interest in disclosing the information.

5. APPLICATION FOR INDEMNITY BY A COUNCILLOR UNDER THE
COUNCIL'S POLICY
To consider the report of the Senior Solicitor (Corporate) (separate copy to
follow for committee members only).

Are both matters related ?
Usually these cases are simple spats between councillors and mostly unimportant...

The Local Authorities (Indemnities for Members and Officers) (Wales) Order 2006
https://www.legislation.gov.uk/wsi/2006/249/contents/made

But a councillor asking for indemnity is not usual - is it ?

 

"And I do wonder if it’s because of the attitude we have of senior officers to some of the councillors." - Gwynedd Council.

Cyngor Gwynedd Council's Cabinet Meeting took place on the 12th October. The autism plan was not passed and implemented as the Ombudsman for Wales was expecting - it was not even mentioned. 

Moving on - the Cabinet meeting included discussion on the Corporate Complaints Report. It appears that this complaints process, like the Social Service complaints procedures, is undergoing much change too. The Ombudsman is involved with these changes BUT the problems are not just with the complaints process and procedures more how senior officer's interfere with the process...
"The meeting was not to try and influence the outcome of the report in anyway..."

 
How has the complaints process been allowed to stray so far from the original Welsh Government policies and guidelines ? The data collected from complaints against council departments is used as big data and considered so important it is protected by legislation. The data can not be trusted...

The webcast of the meeting can be found here -
https://gwynedd.public-i.tv/core/portal/webcast_interactive/606919
Copy and paste the address into your browser. The translated feed is not available for some reason.

The translated feed for the Care Scrutiny Committee meeting on Thursday, 30th September 2021 is also not working.
The link to that webcast can be found here -
https://gwynedd.public-i.tv/core/portal/webcast_interactive/603781/start_time/0

Some local Councillors have been complaining for a while now that they feel left out of the democratic process. How are the english speaking Councillors feeling when they can not even access the webcasts?

In other news this week, the council is seeking to be more inclusive amid claims of a 'democratic desert' 

Cllr Mike Stevens - “And I do wonder if it’s because of the attitude we have of senior officers to some of the councillors. It was said this morning at our meeting by a very senior councillor that she felt there was no respect from too many officers towards councillors."

More on that here - Push for more diversity of candidates in Gwynedd’s ‘democratic desert’
https://nation.cymru/news/push-for-more-diversity-of-candidates-in-gwynedds-democratic-desert

Something is very wrong within Gwynedd council...

 

 

 

 

 

 

 

Gwynedd Council - "for a local authority to behave in the way described by the ombudsman towards independent investigators 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...

 

 

 

 

Cyngor Gwynedd Council "It will be presented to the Council’s Cabinet meeting in October for final approval and implementation."

Recent correspondence from the Ombudsman for Wales with regard to Cyngor Gwynedd council and the Autism plan - that should have been implemented in 2019.

"Unfortunately, the Ombudsman and the Chief Executive have not yet been able to find a mutually convenient date to have the meeting I referred to in my last update to you at the end of June. This meeting will be taken forward as soon as it can practically be arranged, regardless of what I say below 

I am pleased to confirm that further progress has been made by the Council and that the finalised version of the draft plan was agreed by the project board that has met since I last wrote to you. It will be presented to the Council’s Cabinet meeting in October for final approval and implementation."

It has been a busy time for the Ombudsman during the pandemic and with the new CEO still finding his feet the delay is understandable. But has he forgotten arranging a meeting with the present Director of SS to discuss these same issues - two years ago !!?? That meeting arranged weeks in advance was cancelled by the council one hour before due.

But with no fanfare from the council and much teeth pulling, the Ombudsman appears certain that the Autism plan will be finally approved and implemented in October. We shall see...

But what of the other cases where Gwynedd council have not complied with the recommendations of Welsh Government agencies ?

This may prove difficult as the Ombudsman's office has signed off some compliance issues without checking the veracity of the departments evidence or really understanding the issues involved to the obvious benefit of Gwynedd and how many other councils ?

After a recent review the Ombudsman has now changed the process of ensuring compliance with his recommendations are met. The old system of the officer's chasing up on compliance arising from their own investigations did not work well for some reason. Will Care Inspectorate Wales be undertaking a similiar review ?

This will effect all Welsh councils but too late for many people who have brought complaints with the Ombudsman in the past and also those not realising that 'recommendations for improvement' can be downgraded with a 'variance' discussed behind closed doors months after the investigation has finished.

Something is very wrong within Gwynedd council...

 

Gwynedd Care Scrutiny Discuss Report Into Embargo On Care Homes.

Link to the Cyngor Gwynedd Care Scrutiny Committee meeting in which the embargo on Care Homes in the County is discussed.

One or two Councillors appear visibly shaken during the meeting.
The translated version is not working for some reason.

 https://gwynedd.public-i.tv/core/portal/webcast_interactive/603781
Copy and paste the link to your browser.

The report also mentions the Winterborne View scandal from a decade ago. More on the institutional abuse of vulnerable people in a care setting here - 

5 Gwynedd Care Homes Placed Under 'Escalating Concerns Procedure'.

Cyngor Gwynedd Council have published a report that went before the Care Scrutiny Committee on the 30th, Sept, 2021 entitled - The Quality Assurance Service within the Safeguarding Unit.  

The purpose of this report is to offer an overview of the work of the Quality Assurance Unit within the Adults, Health and Well-being Department of Gwynedd Council. It is intended to focus on the demand and the impact of the work in the context of providing care services for vulnerable residents in the County.

Towards the end of 2020, several safeguarding reports were received claiming that suitable care was not being provided within five homes in the County. In response to this, face-to-face monitoring was undertaken and three care homes and two nursing homes within the county were placed under the Escalating Concerns procedure.

Owing to the monitoring work, an embargo on new placements was imposed on the five homes, and two now have a conditional embargo in terms of the number of new residents who may be admitted.

If any provision under-performs and that an embargo on admissions or placements is in place, it has a significant impact on the area teams in terms of their ability to place or use that service. It also has a significant effect on the individuals and their families as it is not always possible to place people within their preferred area or receive a specific service in their community in a timely manner.

The report states that one nursing home and two care homes have closed in Gwynedd over the past two years and concludes with mentioning the Magaret Flynn Review (2012) and the Winterbourne View Hospital scandal - twice. Why reference institutional abuse of those with autism and learning difficulties in a care setting from a decade ago ?

The full report can be found here - https://democracy.gwynedd.llyw.cymru//documents/s31392/Adroddiad%20Saesneg%20Sicrwydd%20Ansawdd%20-%20Pwyllgor%20Craffu%2030%2009%202021.pdf

The report makes for uncomfortable reading - but these issues have been known for years.
It also makes no mention of serious incidents such as - 
"Care 'failings' before man choked to death on toast"
https://www.bbc.co.uk/news/uk-wales-51388454

From the BBC article - "The report said there was no documentation relating to the awarding of the care contract to Cartrefi Cymru or any specific terms relating to Mr N's care needs and the responsibilities of parties involved in his care.
It was also found there was no documentation to demonstrate the council, as lead commissioner, had monitored the delivery of care to Mr N. "

No documents. No monitoring of publicly funded care delivery. No social worker. No care.

So what is happening within the care homes for those with Dementia ?

"What inspectors found at Gwynedd care home featured in undercover exposé"
The Pines in Criccieth was featured on S4C's Byd a Bedwar
https://www.dailypost.co.uk/news/north-wales-news/what-inspectors-found-gwynedd-care-15843830

What of Adults with Autism in care ?

"69. - In my view, these failings not only caused Mr A a significant injustice but also impacted upon Article 8 of his Human Rights. However, I have decided that the finding I have made of maladministration is so clear and so serious that to consider the human rights issues further would add little value to my analysis or to the outcome.I have therefore decided to say no more about that."

The full Ombudsman's report can be found here - 
http://www.lukeclements.co.uk/wp-content/uploads/2018/08/Ombudsman-Gwynedd-Council-report-201700388.pdf

Recommendations from this report included -
81 (f) Reviews its process on monitoring commissioned services for adults.
The council agreed to complete this work by January, 2019...

Will the Children's department be producing such a report ?
What happened in the case of the vulnerable 15 year old, living in a caravan during his placement at a care setting in Gwynedd ?

"Schoolboy 'wrapped in cling film and gagged by children's home staff'
https://www.itv.com/news/wales/2020-01-29/schoolboy-wrapped-in-cling-film-and-gagged-by-children-s-home-staff-says-hearing

Something is very wrong within Gwynedd council.