Showing posts with label employment tribunal. Show all posts
Showing posts with label employment tribunal. Show all posts

Monday, 13 January 2020

An Ombudsman,Cyngor Gwynedd Council And Compliance.

With regard to the recommendations from two Ombudsman for Wales Investigation reports into Cyngor Gwynedd Children's Department. 

The Chief Executive, Dilwyn O Williams, confirmed to Cyngor Gwynedd Care Scrutiny Committee, held on the 14th November, 2019, that all recommendations had been met and goes on to mention a 'miscommunication' with the Ombudsman - amongst other things.

We rang the Ombudsman for Wales seeking clarification of the officer's comments.

The Ombudsman for Wales informed us that that statement from the Chief Executive regarding compliance was not correct - at that time - but could comment no further until viewing the webcast.

Nearly two months have passed since the meeting between the Ombudsman and the CEO, in Cardiff, to discuss (non) compliance in regard to recommendations regarding assessments and retraining of officer's. Already long overdue.

The Ombudsman for Wales has, we notice, without delay issued special reports when other Councils have failed to address recommendations and improvements. 
                                            ****************************

Another Ombudsman's Investigation into Gwynedd SS Adult Department, dated 2018 - Case number - 201700388 led to the following recommendation -   

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.

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, thus NOT ensuring that the Council was and is even now meeting the requirements of the SSWA 2014 , MHM 2010 and the ASD SAP.
Regardless of this, the Ombudsman then signed off on compliance, we do not know if such a review has since been undertaken.
                
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 -

Copy and paste the address into your browser.
https://www.ombudsman.wales/wp-content/uploads/2019/11/104483-Equality-and-Human-Rights-Casebook_Eng_v03.pdf

Whilst this case is reported by the Ombudsman for Wales, it is concerning that this Report, published in 2018, has still not (to our knowledge) been presented to either Full Council, Cabinet or even the Care Scrutiny Committee.




Ultimately, responsibility for the organisational culture within the Council lies with the Monitoring Officer and also with elected members.

"The Monitoring Officer has a statutory responsibility to ensure that the Councils operates in a lawful manner and that it does not do anything which could amount to maladministration."

From -  "Do we have to accept it, Dilwyn", one councillor asked in response to the recent Wales Audit Improvement Report, critical of Gwynedd Council and how it dealt with its Youth Service cuts, through to Councillors and Cabinet Members who have no wish to examine evidence of maladministration.

Cabinet Members who fail to present critical reports of their departments for scrutiny.

Senior managers who bully and overwhelm an Independent Investigating Officer to remove critical references and recommendations for improvement of the Children's Department in her final, final, final report.

The Council's own report of their data breach that manipulated our evidence to whitewash its failings and create essentially an inadequate report. An earlier blog gives more detail - 
https://gwyneddsfailingcouncil.blogspot.com/2018/09/cyngor-gwynedd-councils-report-into.html

A social worker who misled an Independent Investigating Officer and Independent Person, during the Stage 2 Complaint investigation into her inadequate assessment of an autistic child's needs - we have evidence that senior managers and also the Director of Gwynedd Social Services were aware of this and re-wrote their response letter accordingly to cover this up.

A Monitoring Officer who mentions that there will be 'implications' and 'consequences' to a complainant, if that complaint is to proceed in the way they wish, then repeatedly failing to respond and explain to the complainant what those 'implications and consequences' would be when asked. 

A disabled social worker, who claimed disability discrimination and bullying by her senior managers within the Children's Department was suspended for two and a half years. The Employment Tribunal found against Gwynedd Council.
The Tribunal Report 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 many Cyngor Gwynedd employees has this Council suspended for protracted periods of time and why ?

It would be interesting to have the thoughts of the Union representatives on such matters. 

Something is very wrong within Gwynedd Council.