Cyngor Gwynedd Council - Nuance, Slippage And Non Compliance.

In 2019, the CEO of Cyngor Gwynedd, stated to Councillors that all the Ombudsman for Wales recommendations had been met 'bar a nuance'. This was not correct.

Five Ombudsman for Wales reports into Gwynedd Social Services departments over four years - with major recommendations of the Ombudsman ignored.  At this very moment a  piece of work is being prepared by the Adults department to present to the Ombudsman in the hope it will finally achieve compliance already overdue way before the pandemic. The author, Manon Trapp, was recently warned by the departing CEO that further 'slippage' will not be tolerated by the Ombudsman - so that will be an interesting document...if the council ever release it. Sshh...

This past year has seen a marked increase in complaints against the SS departments.
The present Director gives the reason for the increase as the result of a 'new' system of recording any expessions of dissatisfaction as a complaint. For several years, the departments recorded some complaints as enquiries only which would have affected the data on behaviours, performance and trends.

But, earlier this year, the Director herself downgraded a complaint to an enquiry so this makes no sense. The complaint concerned the actions of officer's that according to the senior safeguarding officer went against their very ethos - so maybe it does. Sshh...

Is Dafydd Gibbard, the new CEO, aware of the issues that the Ombudsman has uncovered over the last few years ? Of course, he is - the CEO has been with Gwynedd council since 2003 and would have heard all the stories. Nick Bennett has made quite plain his 'outrage' at the last incumbent and may already have been in contact with Mr Gibbard to ensure the new boss is aware of what is expected of him and the senior officer's. So much going on behind closed doors...

The SS department recently turned down a request for a copy of the Review of Autism Services, by Hugh Morgan, OBE, commissioned after a recommendation from an earlier Ombudsman's report - that was initially ignored. The complainants informal request was treated as a Freedom Of Information request by the Director and after the regulatory 20 days had passed the request was refused. After an Internal Review the Monitoring Officer overturned the SS decision and the report was finally released - though it is named the Derwen report for some reason. How confusing....Don't mention the A word. Sshh...

Think on that. A Monitoring Officer overturning the wishes of his own council's Director of Social Services. There has also been a recent change to the council's Constitution asked for by the Monitoring Officer that distances himself from the SS departments. What is going on...?
There appears to have been no proper scrutiny of council operations since before the pandemic and so much goes on behind the scenes unminuted and undocumented but this is not usual.

There has been a shuffling of positions within the Care Scrutiny committee too - a new Chair has been appointed. Dewi Roberts, who attempted to challenge the SS departments during his tenure has been replaced by the man he replaced, Eryl Jones-Williams - who did not. The Chair is the most important position on any committee and controls what will appear on the agenda - usually discussed and formulated at a pre-meeting with senior officers that is not open to the public and no minutes are taken.

Where is the voice of the Cabinet Members in all this ? Why the silence ?
£35,000 per annum plus expenses plus pension...comes with legal duties and responsibilities. Doesn't it? 

Care Inspectorate Wales ?
We do not investigate individual complaints.
Still..?

And what of another Ombudsman's investigation and the findings from 2018 -

"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 recommendations ordered by the Ombudsman in this case were also not fully complied with.
Lessons learnt ?

Something is very wrong within Gwynedd council.

 

Did Cyngor Gwynedd Council Senior Officer's Mislead A Care Scrutiny Committee ?

At a Cyngor Gwynedd council Care Scrutiny Committee meeting of November 14th, 2019, the senior Complaints manager, Dafydd Paul, told Councillors that the Ombudsman for Wales -

"given them a further challenge, to make sure that someone goes to see the family, meet the family, ensure that they receive that assessement and that is something that we have now arranged with the adult services, to go into that situation on the Ombudsman's behalf, despite the fact that they have not expressed a wish to receive the service, our usual ethos involves intervention but only if the person invites us in and wishes for us to intervene in this way, the Ombudsman has judged this and wants us to go no matter what the wish of the individual may be, so that is now our response to that challenge provided by the Ombudsman." (translated)

The assessment mentioned would have been the third assessment undertaken by the council in three years - the previous two were called out by the family as 'fake' and predetermined ie set up to fail.

Confirmation was asked from Mr Dafydd Paul, or failing that the CEO, Dilwyn Williams, himself, that what was stated to the Care Scrutiny Committee was in fact true. The officer's did not reply.

 

So the Ombudsman for Wales office was contacted. 

 

After viewing the council's webcast, one senior Investigator confirmed the words spoken by the officer's were not correct but could not speak for the Ombudsman himself.

Nick Bennett was then approached for comment - he too denied the words of the senior officer's....

Something is very wrong within Gwynedd council. 

                             

One Year Of Non-Compliance - Cyngor Gwynedd Council.

It is now October - one full year of Cyngor Gwynedd council being in non compliance of the Ombudsman for Wales recommendations -

"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."

Nick Bennett has given the council chance after chance and even expressed to the family, his frustrations over the situation with the council - all to no avail it seems.

The council's CEO, Dilwyn Williams, appears to blame the SS departments for the 'slippage' whilst doing nothing to take control of the situation, himself. Whilst the Director of SS, who has no social work background blames the recent pandemic (that doesn't explain what happened to compliance before that time)

What to do now ? Putting in yet another complaint to the council means placing 'independent investigators' in the firing line to be bullied amd overwhelmed by senior officers and I am not prepared to do that.

Raise yet another complaint with the Ombudsman ? What is the point ? Mr Bennett is not respected by anyone in this corner of North Wales and appears powerless to hold councils to account and so it would be a waste of public resources to do so.

The complaints system in Wales is not fit for purpose and Judicial Review appears to be the only way to hold any public organisation to account. But there is no legal aid and what family can afford the £25K+ - minimum - that is required to bring such a case ? Local authorities as we know have an unlimited amount of money at their disposal from public funds. 

The Ombudsman wrote to say that the autism specialist commissioned by the council promised to present their draft report to the council by the end of September 2020.

Not quite what the the recommendation called for, but, as Mr Bennett says, it is up to him to accept any variation on recommendations - as he sees fit.

No mention is made of the Ombudsman even receiving a copy of the draft report himself and even so draft reports can be changed.......

What next ? An email from the ombudsman later on today ?

Something is very, very wrong within Gwynedd council.

 

 

Autism Pathway ? - Cyngor Gwynedd Director Of SS Annual Report.

The Director of Cyngor Gwynedd Social Services, Morwena Edwards, has published her Annual report to be presented to the council on the 1st October.

Unlike the Welsh Government's generic report she presented last year, this report gives more detail of the performance of both the Adult and Children departments she is responsible for but like so many reports emenating from this council it doesn't seem to tell the whole story.

On page 31, under the title of Learning and Development, the Director makes mention that -

"The Department has been in contact with the Ombudsman's Office for some years now regarding one specific case....
The Department has received many recommendations from the Ombudsman, and one remains as outstanding; however, slippage has been seen in the work as a result of the Covid-19 crisis."

The Covid-19 crisis is only the latest 'reason' for 'slippage', so somewhat misleading....

 (There have been 5 Ombudsman investigation reports into both the Adult and Children departments - in 4 years.)

 

In June, 2019, the Chief Executive Officer, Dilwyn O Williams, sent a letter to the family apologising for all the failings upheld by the Ombudsman's investigation and informed that the Children's department had agreed to implement the recomendations by September, 2019.

 

 The Ombudsman's recommendation regarding autism is as follows -

"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."

 

The Council's action to meet this recommendation was to provide the Ombudsman's investigator with a copy of the "Integrated Autism Service (IAS) North Wales Update- February 2018" and a copy of the "supporting guidance" document.

No specialist input sought.  Just yet another attempt to avoid creating any 'pathway' for autistic individuals seeking social services care assessments or support. 

 

This 'evidence' was obviously not sufficient to meet the Ombudsman's recommendation and in October 2019, an officer of the Ombudsman for Wales contacted the council for an explanation of why the recommendations had not been completed as agreed and a phone call was arranged with the director Mrs Edwards to discuss compliance matters. Even though this call was arranged two weeks previous, - the council cancelled the call an hour before it was due.

 

The IAS do not carry out 'care assessments', that is the domain of health and social services, although autism advice can be sought from the IAS during the process.

 

As robust evidence of compliance was yet to be provided to the Ombudsman, in November 2019, the CEO was summoned to Cardiff to explain the 'slippage' to the Ombudsman, himself, we were also informed that the Ombudsman had other matters to discuss with the CEO..... 

(I wonder how much this cost Gwynedd taxpayers claimed as expenses but at least there was an opportunity for the CEO to do some Christmas shopping in the capital.)

 

Earlier this year, the CEO admitted that the Ombudsman for Wales is 'outraged' with Gwynedd council.

Not that outraged, as Nick Bennett could have published a 'Special Report' as he did with the Wrexham council when they failed to comply with recommendations agreed after an investigation.

 

All this was many months before the #Covid19 crisis and for the Director of Gwynedd SS to now use the pandemic as an excuse to cover for her departments failings is disingenuous.

 

When the pandemic took hold, the Ombudsman for Wales did indeed grant Cyngor Gwynedd extra time to comply with the recommendations for improvement. On the 11th June 2020, the Ombudsman wrote to the family - 

Fair enough - the pandemic has affected everything, though the Gwynedd council staff outing where one officer contracted the virus on a night out forcing an entire council group to self isolate for two weeks was not appreciated by anyone.

 

The Ombudsman wrote again to the family on the 24th August 2020 - 

 

        

So why is none of this mentioned in the Director's Annual report ? Sshh....Is it a secret ?

 

Something is very wrong within Gwynedd council.