Gwynedd Council - FOI Internal Review - 50 Working Days And Counting.

                     

In June, 2019, the Chief Executive Officer of Cyngor Gwynedd Council, Dilwyn O Williams, wrote a letter of apology for the failings found within Gwynedd Children's Social Services department. 

It was short, making no mention of the Ombudsman's findings of Gwynedd SS's interference in an 'independent' investigation, nor the behaviour by senior officers meted out to the Investigator who felt 'bullied' and 'overwhelmed' to change critical aspects of a complaint report. But he did affirm the SS department's agreement to implement the recommendations within three months that included -

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

In November, 2019, Mr Williams, declared to a Care Scrutiny Committee that all recommendations had been met, bar a nuance. Mr Williams, was then summoned to Cardiff by the Ombudsman for Wales to discuss why the recommendations had not been met.

Previous blog articles have published excerpts of emails from the Ombudsman for Wales that contradict the statements of Mr Williams and Mr Dafydd Paul to the Care Scrutiny Committee and the general public - so where are we now?

The specialist input involves a review of Autism services in Gwynedd which should have been presented to the council in March,2020. The council then told the Ombudsman that the external expert commissioned to undertake the report had failed to complete on time due to the pandemic. The Ombudsman was informed that the consultant would present the report to the council by the 30th September, 2020.

Having lost all trust in the council, a copy of this report was requested. Morwena Edwards, Director of SS, replied saying that the request had been treated as a Freedom of Information request (FOI) and the council had decided to refuse the request. So on December 3rd, 2020, an Internal Review of the FOI refusal was requested. This should by Law take 20 working days.

The 20 working days came and went with no response - then 30 days. An email was sent to the Information department asking for an update - this was ignored. A second email was sent to both the Information department and to customer care, this time asking for acknowledgment of the email - no response from either.

An email was then sent to the officer who originally dealt with the FOI request. A response was received on a Sunday explaining that the Monitoring Officer, Iwan G D Evans, was dealing with the Review and had been since December 3rd. So an email was sent to the Monitoring Officer asking for an update. This too was ignored.

As no-one had responded, the original email to Mr Evans was resent to customer care asking them to pass on the email to the Information department and the Monitoring Officer and to acknowledge receipt that the email had been received. 

A response was forthcoming this time, again from the same officer who had refused the original request. He replied that he hoped the Monitoring Officer would be in contact soon. It is now 50 working days since Mr Evans received the request for an internal review.

The Monitoring Officer has a statutory responsibility to ensure that the Council operates in a lawful manner and that it does not do anything which could amount to maladministration.
How's that going ?

Something is very wrong within Gwynedd council.

                

 

Cyngor Gwynedd Council And Their Treatment Of The Disabled.

With regard to the statements made by Cyngor Gwynedd Council CEO, Dilwyn O Williams and the senior safeguarding and quality officer, Dafydd Paul, to the recent Care Scrutiny Committee,

The statements were given by the officer's in response to the 'damning' Report from the Ombudsman for Wales into the Children and Familiy Department revealed at a previous full Council meeting by a local Councillor.

Dilwyn Williams, confirmed to the Scrutiny Committee, that all recommendations had been met 'bar a nuance' and goes on to mention a 'miscommunication' with the Ombudsman - amongst other things.

This was not correct.. 

The Ombudsman has explained that his meeting with the CEO, in Cardiff, to discuss compliance - or more accurately non compliance was not normal. 

The CEO has since claimed that he and his officer's did not comply as they had misunderstood the Ombudsman's recommendations. But the Ombudsman's Recommendations are clear and simply written.  

Comments were made by Dafydd Paul in particular that the Ombudsman had 'challenged' the Council to contact the family regardless of their wishes. 

The Ombudsman for Wales is well aware of our thoughts regarding Gwynedd council SS officer's and has confirmed that neither himself nor any of his officer's told the council to contact the family - in any way !

We have asked both the CEO and Dafydd Paul for an explanation but they have not, as yet, responded. 

Gwynedd SS have failed to present another Ombudsman's Report, dated July,2018, for scrutiny. This case involved a young man with autism and mental health issues being left to rot in bed after Gwynedd Adult SS withdrew his support.

The council has not fully complied with recommendations made in this case either, though the Ombudsman appears to have signed this off as completed. The FOI - answered by the Ombudsman "in the public interest" - clearly shows that the original recommendation ensuring the council fully complies with the Law has not been completed.

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.

All five Omudsman Reports over the last four years have shown major concerns and serious failings with how Gwynedd council officer's treat autistics and the disabled in the county.


The recent Employment Tribunal shows how the same officer's treat their disabled employees, also.
The Report on that case can be found here -

 https://assets.publishing.service.gov.uk/media/5cf61dd7e5274a0771578036/1600022.2017_Mr_S_Parry_v_Gwynedd_Council_-_CORRECTED_JUDGMENT_AND_REASONS.pdf

How much has the disability discrimination and claims of bullying cost Cyngor Gwynedd taxpayers ?

Suspension on full pay from 13th January 2014 until receiving notice on 12th Dec 2016 will mean costs to the council of approx £90,000 to £100K in wages alone and how much did the Tribunal award this social worker ?

£30K ? £40K ? More ?
And all the other costs involved ?

Something is seriously wrong within Gwynedd council. 

                                 

Where Is The Third Ombudsman's Report ? - Cyngor Gwynedd Council.

The 14th November, Cyngor Gwynedd Care Scrutiny meeting was full of surprises - for many reasons.

Warnings, by the Committee Chair, that a live issue was ongoing appeared to be ignored in senior officer's attempts to negate criticism and 'spin' their version of events. Anoma lies were noted in their narrative to Councillors.

The statement from Dafydd Paul informing the committee that the Ombudsman had ordered the Council to act regardless of the family's wishes was of particular concern.
(I am taking this comment from the english translation)

The english feed is now working for the meeting of the 14th November and can be found here -
https://gwynedd.public-i.tv/core/portal/webcast_interactive/454056
 
Whilst Councillors and the public await a more detailed explanation for the behaviour of senior managers within the Children's Department and their Complaints team it must not be forgotten that yet another Ombudsman's Report should have been presented for scrutiny at the meeting.

Dafydd Meurig, the Cabinet Member for Adults, did not present the highly critical Ombudsman's Report dated the 4, July,2018 into the department he has responsibility for.

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."

 
A recent FOI request into this case was responded to by the Ombudsman for Wales in the 'public interest'.

And..?

Something is very wrong with Gwynedd Council.

Cyngor Gwynedd Council SS Cuts Challenged By It's Own Care Scrutiny Committee.

What a difference a year makes in the life of a Cyngor Gwynedd Care Scrutiny Committee.

The english feed is now working for the meeting of the 14th November and can be found here -
https://gwynedd.public-i.tv/core/portal/webcast_interactive/454056

Last year, concerns had been raised with the Committee before the meeting and one councillor was  contacted by phone to ask if he wished to see evidence of our claims.
"Er..No" was the reply.

As both Cabinet Member, Dilwyn Morgan and the author of that years report, Dafydd Paul, told the Committee they were not willing to discuss individual cases no scrutiny was permitted of the maladministration found within the department they both have responsibility for.

Mr Paul proceeded to ignore the elephant in the room and began a diatribe how he had been working on the Council's Complaints Procedure for years - even referring to it as 'his baby'.

For why ? Welsh Government have done all the hard work by publishing the Complaints Procedure and Guidelines that all Council's are expected to uphold and adhere to.

How very different this year.

The Scrutiny committee, with a new Chair, Dewi Wyn Roberts, challenged the Services proposed social services savings - including 2 #MentalHealth posts, #CarersSupport  and #WomensAid, to name a few.

Then came the questioning of the Complaints Manager, Dafydd Paul. 

This years Annual Complaints Report, I believe, was authored by the Head of the Service, Marian Parry Hughes and presented to Cabinet in the summer.

Mrs Hughes was present at the meeting but left shortly before her Report was scrutinised. Surely she should have been answering questions as it was her Report ?

Maybe too embarrassing ?

The Ombudsman upheld the complaint that the Children's Department had interfered with an Independent Investigation and that the IO reported feeling 'overwhelmed' and 'bullied' at a meeting that Marian, herself, chaired, in order, the managers said, to 'correct inaccuracies'.

The Ombudsman commented the council provided NO evidence of these 'inaccuracies' when asked.

There is a post from June covering that meeting in more detail here -  https://gwyneddsfailingcouncil.blogspot.com/2019/06/bullying-cyngor-gwynedd-council.html
Copy and paste the address into your browser.

It was a meeting that we asked to attend but Dafydd Paul refused us. The Independent Person  - appointed to oversee the interests of the child - was not in attendance at this meeting either.

Now the Investigator had  contacted the Ombudsman with her concerns and asked for advice.
The Ombudsman did not advise.

Luke Clements,  Professor of Law and Social Justice at the School of Law, Leeds University who has had conduct of many cases before the European Commission and Court of Human Rights highlighted this particular case and his thoughts can be found here -

http://www.lukeclements.co.uk/omg-will-it-never-end-2/


The Adults Social Services Complaints Handling Report was finally presented to a meeting that had, according to the agenda, overrun by two hours.

No mention of the appalling 2018 Ombudsman's Report into the mistreatment of an autistic adult and his family by Gwynedd Adults Social Services - case number - 201700388.


Something is so very wrong within Gwynedd Council.

Bullying ? - Cyngor Gwynedd Council.

A meeting was arranged by Cyngor Gwynedd Council's customer care officer to discuss with the Investigator what the Council claimed were factual inaccuracies within the Complaint Report and to seek clarity.

We had asked Dafydd Paul, the Senior Manager Safeguarding and Quality, if we could attend this meeting but were rebuffed - "This is not a meeting where you are invited".

The Independent Person, with a duty to oversee the Investigation process in the interests of the child, was NOT present at this meeting.

Senior Management Team members in attendance were -

                             Marian Parry Hughes.
                             Aled Gibbard
                             Sharron Williams Carter
                                    
Senior Social worker, Delyth Davies and Lowri Williams were also present.

The Head of Children's Services, Marian Parry Hughes, begins by accepting the meeting is "...unusual however the Stage 2 is complex and felt a face to face meeting would be beneficial"

 and goes on to say.....

"The meeting was not to try and influence the outcome of the report in anyway"
Cough.

One of the main reasons given by the Senior Management Team for not accepting the Investigator's original report was that it contained factual inaccuracies.

Yet the 2019 Ombudsman for Wales Report highlights the fact that -

"On the evidence before me, bearing in mind the Council has not identified anything specific by way of ‘inaccuracies’, despite ample opportunity to do so..."

It was at this meeting (referred to in the Ombudsman's Report) that the Investigating Officer felt "bullied" and "overwhelmed."

It is a concern that with so many senior officers present no official minutes were taken during this meeting.(An email from Lowri Williams that contained notes and comments on the meeting was received through a Subject Access Request).

Comments from Aled Gibbard have also been noted but that is for another post.

The final, final Report was at least 4 pages shorter than the first one, a report that highlighted an inadequate assessment of a vulnerable child's needs and failure to maintain the child's CIN plan. Prior references to 'risk' and 'need' were also absent, along with recommendations.

Something is very wrong within Gwynedd Council.

Cyngor Gwynedd Council - Meeting Concluded. Hmm.

The Minutes of the Extraordinary meeting held on the 6th November, 2018, have finally surfaced and have been presented to the Committee meeting on the 31st January, 2019.

The meeting in November was held to receive the Care Inspectorate Wales (CIW) Report AND the Annual Complaints Handling Report of the Supporting Children and Families department.

Previous blog posts have publicised the emails sent to the members of the Care Scrutiny Committee in which issues were raised with the 'accuracy' of the Complaints Report, authored and presented by Dafydd Paul.

The minutes are, also, not an accurate record of the meeting and an email was sent to the Democratic Services on the morning of the meeting raising this point and asking for an explanation.

No reply was given and the meeting went ahead with the Minutes signed and are now seen as an accurate record - they are not. I wonder if the email was even presented to the Committee.

https://gwynedd.public-i.tv/core/portal/webcast_interactive/400538

Something is very wrong within Gwynedd Council.

Cyngor #Gwynedd Council - And The Other Reports..?

So Gwynedd Democratic Services were made aware of the Independent Investigator's Report and the issue with the council refusing to accept it, in January, 2018.

But what are Democratic Services and what do they do ?

It appears to be a service within the council that advises and caters to the questions and needs of council members - the councillors.

Democratic Services are also the office to contact for an English translation to be made available for webcast as all council business is conducted in Welsh.


The October, 2017 Report highlighted failings with the Children's department relating to social workers carrying out assessments through to Child In Need Plans and records not being properly maintained.

The Ombudsman for Wales Report, April, 2018 into Gwynedd council highlighted service failure and maladministration from 2010 to 2016 including withdrawing support before assessments that showed 'predetermination' i.e set up to fail.

The Investigation of the Data Breach and mishandling and censoring of personal information, in June.

An investigation that still leaves the legality of the two officer's actions in question. Worse when it is realised that the same two officer's were dealing with an Official Complaint at the time - badly.
So badly the Ombudsman 'recommended' retraining in the Statutory Complaints procedure for the officer's involved !!


So many Reports that have been brought to the attention of Audit, Care Scrutiny and Democratic Services over the last period.

The Care Inspectorate Wales Review was presented to Care Scrutiny at the Extra-ordinary Meeting held on the 6th November to much praise and backslapping from members.

This backslapping went on for so long that the meeting must have over run and the presenting CIW officer had to leave the meeting before it concluded.

The rush to get the Complaints Handling Report through before lunch was obvious.
There was no mention of the Department's annus horribilis regarding any of the above Reports nor the fact it has been sixteen months since the last annual Report.

Any pertinent questions that could/should have been asked were batted away by both Cabinet Member, Dilwyn Morgan and the author of the Complaints Report, Dafydd Paul, stating to the meeting they did not wish to discuss individual cases.

Wow...and what of the serious concerns raised ?
                                                 

The Care Scrutiny Meeting was also NOT webcast - much to one council member's quite obvious surprise.

A request had been put to Democratic Services for the meeting/webcast to be to be translated, we were informed that this meeting would not be webcast. After asking for an explanation an email was received stating that webcasting hours were limited and then another, saying that it was an extraordinary meeting and, as such, would not be webcast but a translation would be available for any members of the public who attended.

Very odd when all other council extraordinary Meetings were webcast !

A member of the public actually turned up for this meeting and visited Siop Gwynedd, in Caernarfon for directions. The meeting was not on their computers and no-one knew anything about it.

It was only due to those on the desk who asked and phoned around that the wherabouts of the meeting was eventually located.

The Annual Complaints Handling Report is a legal document that is used by the Council, and other organisations, as an indication of the Department's performance in carrying out its Statutory Duties.

This Report does no such thing.

And where are the Minutes of this Extra ordinary meeting of the Care Scrutiny Committee ?