Showing posts with label Article 8 Human Rights. Show all posts
Showing posts with label Article 8 Human Rights. Show all posts

Sunday 31 May 2020

Autism - The Ombudsman For Wales And Cyngor Gwynedd Council.

On the 4th July, 2018, the Ombudsman for Wales published a Report into the case of an autistic individual and his mistreatment at the hands of Gwynedd Adults SS department.

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

The Ombudsman for Wales Investigating Officer in this case was a Beverley Allen.

Her report is truly shocking especially when you consider some of the points highlighted -

"Mr A would seek reassurance from, or be influenced by, those present when responding,which meant that he would readily agree to an action without understanding what had been discussed or its impact".

Would those actions include asking the client whether he really wanted these services ?

Being in a Residential Home, this person would have had a key worker, assigned by the home's care team to support him during his assessment and guide him through the process.

From the I/O's report -

"Instead, the Residential Home re-allocated a significant portion of Mr A’s support hours to bridge gaps in its staffing needs".

A private, residential home used the client's taxpayer funded, commissioned hours to cover for their own staffing problems.

At least, we now know why there was no-one to support the person when his care plan was being deleted before his eyes....

Oh yes - no need to worry - of course we care - just sign here.

All support gone with the person being left to rot in bed.

In the Ombudsman's report, the I/O states -

69.In my view, these failings not only caused Mr A a significant injustice but also impacted upon Article 8 of his Human Rights.11 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.

To my knowledge, the Cabinet Member for the Adults SS, Dafydd Meurig, has still not presented this report for scrutiny by Councillors and the public. Why not ?

Five Ombudsman Reports in four years critical of policy and behaviour of both Gwynedd Adults and Childrens departments. One in which a vulnerable person died.
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The Officer for the Ombudsman, Beverley Allen, also recommended improvement in the areas in which the Council had so obviously failed and her recommendations were accepted by the Council in full.

These included -

81 (f) Reviews its process on monitoring commissioned services for adults.

(g) Undertakes a review of its ASD procedures, specifically those for adults and children with high functioning ASD, and ensure that the requirements of the SSWA 2014, MHM 2010 and ASD SAP have been met.

(h) Undertakes an audit of its ASD trained officers, identifies any shortfall and arranges appropriate training within the following 12 months.


Due to the disingenuous nature of some Councils behaving with little regard for Law and Government agencies, the Ombudsman is meant to have a robust system to check that Councils actually keep to their word after long and costly investigations.

It is usual for the Investigating Officer, in this case, Beverly Allen, to ensure that LA's implement the Recommendations. The I/O's  know best the issues raised and have sighted all evidence of the case in point. The Ombudsman's policies ask for proof that the improvements have been completed and in the agreed timescale.That is to include proof of Council committee meetings when policy change is needed.

Whilst the Council agreed to undertake the review and ensure that the requirements of the SSWA 2014, MHM 2010 and ASD SAP have been met within the agreed timescale - there is no evidence that the Council have kept to their word.

Why has the Ombudsman for Wales robust procedures not picked up on this failure by the Council ?

A recent FOI request to the Ombudsman for Wales has provided evidence that the Council, at that time, openly admit to not yet carrying out this review.

More on that here - https://gwyneddsfailingcouncil.blogspot.com/2020/01/an-ombudsmancyngor-gwynedd-council-and.html

Regardless of this, the Ombudsman then signed off on compliance, we do not know if such a review has since been undertaken, nor if the requirements of Law have been met.
               
This case - involved untrained council officer's behaving in a way that caused injustice(s) to and impacted on the human rights of a 'high functioning' autistic adult with mental health issues, features in the Ombudsman's casebook on Equality and Human Rights 2019/20.

Is the complainant Mrs X aware, that after surviving the Gwynedd Council Complaints Procedure then to bring a case to the Ombudsman for Wales which highlights apalling behaviour by council officers, that the recommendations in her son's case were not complied with as agreed to.

In the Ombudsman's casebook he rightly points out that the issue of people's Human Rights being trampled on by Government agencies must stop.

Joe Public can not do that alone, Mr Bennett.

It would be interesting to have the thoughts of the actual Investigator in this case.

Something is very wrong within Gwynedd Council.

Sunday 16 September 2018

Cyngor #Gwynedd Breaching Human Rights Of The Disabled.


Gwynedd council's Care and Scrutiny Committee held a meeting last week, 13th September, mainly to receive the adult and children's Reports presented by the departments.

The recorded meeting can be found here - both in Welsh and English.
https://gwynedd.public-i.tv/core/portal/webcast_interactive/372242

The last 30 minutes of the meeting are the most passionate where councillors appear to challenge officers presenting the Report on the lack of support and services for those with 'high functioning' autism and my thanks to all those councillors who challenged the officers and their Reports. We are grateful.

How many times have councillors heard officers say the same thing - things are progressing, things are in the pipeline, blah blah blah - for how many years ?

I urge the councillors not to fall for the emotional blackmail of the officers saying that other disabled children would miss out and receive a poorer service if children with Autism without a Learning Disability were supported.

It is the politics of fear and quite depressing to hear these comments from senior managers in the 'care' field.

We believe that ALL children with issues whether physical or neurodevelopmental are important.

The 2018 Ombudsman for Wales Investigation Report  into our complaint against Gwynedd council makes reference to Grants being available to the council and so how can the Departments use money now as an excuse ?

Gwynedd is a large county with a small population. There can not be that many children with Autism who are considered 'high functioning' with needs.
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There was back slapping a plenty and much praise for the recently published  Inspection Report by the Care Inspectorate for Wales (CIW).

But I was hoping for the Care Scrutiny Committee to raise the issues of the other Reports that have recently been published, too.

From the Independent Investigation presented to the council in October, 2017, which was so very critical of the Children and Family Department.

The Ombudsman for Wales Report in April, 2018 highlighting Maladministration and service failure by the Children and Family Support Department covered the period between 2010 until 2016.

There is also the June, 2018 Report of the Data Breach and the Children and Family Department's mishandling of personal information - see previous post.

The Ombudsman is currently investigating the council for undue interference in a 'Independent' Investigation and has been given evidence of very poor behaviour by council officers and senior managers.

And has anyone sighted the Ombudsman's Report dated 4th July, 2018 ?
http://www.lukeclements.co.uk/wp-content/uploads/2018/08/Ombudsman-Gwynedd-Council-report-201700388.pdf

In point 69 of that report the Ombudsman for Wales writes -

"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 Ombudsman also kindly provides a description of Autism for Gwynedd's Service officers and managers and other comments highlight issues within Gwynedd Council relating to ASD.

"A lifelong developmental disability which affects a person’s social interaction, communication, interests and behaviour. The characteristics of ASD vary, with some people finding it hard to understand other people’s emotions and some with restricted and repetitive patterns of behaviour".

"....The Council’s available ASD information, including its strategic plan for ASD services, particularly services for those with high functioning ASD, are limited....."

"Additionally, the Council’s failure to ensure that its officers receive appropriate ASD training and have an ASD strategy in place places not only Mr A, but other service users in its area at risk of having services cut or stopped because the reviewing officers do not understand the effects of ASD or there is nothing suitable available."
 
There appears to be a pattern of behaviour within Gwynedd council to see the disabled and the most vulnerable as 'low hanging fruit' and to deny and remove support in an attempt to save money. 

In our case the boy is soon to be a man, but social workers have already told us that he will not be eligible for support from adult services (even before an assessment by adult services) and that there are no services for 'Vulnerable Adults' or autistic adults (or children) in this area.
  
And where is the Children and Family's Annual Complaint handling Report ?

Something is so very wrong within Gwynedd council.
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