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.

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. 

                                 

Ombudsman For Wales 'Outraged' With Cyngor Gwynedd Council.

In Cyngor Gwynedd translated Minutes. senior officers openly admit that the Ombudsman is 'outraged' with them and the CEO, Dilwyn Williams, statement gave some detail, for example -

"That this had been an extremely difficult case, and as the Department had not experienced many cases in which the Ombudsman had decided against it, it was possible that we had not been successful in changing our operating principles to what the Ombudsman would have liked to have seen."

To my knowledge there are now FIVE Ombudsman for Wales Reports that have found against Gwynedd Council over the last four years - the most recent was published, last month, in the public interest, as a vulnerable person died.

(The link to this latest Report can be found at the bottom of the page)

The CEO is made aware of any Ombudsman's investigations by the Ombudsman himself and would have read the draft report(s) - all relevant departments are given the opportunity to comment and/or challenge any errors before publication.

What of all the council department's documents and Annual reports that should have alerted Councillors and the public to the systemic failings found within the council - over the years? 

All written by the same officer's responsible for the systemic failings and maladministration.

One Report from 2018 is being sat on and has still to be presented for scrutiny by Adult Social Services.

In the meeting's other news, four council reports were presented for scrutiny - not one contained good news.

It is disturbing that of the four reports presented to the Committee not one senior officer reported on a fundamental change to the Children's Derwen criteria.

Derwen is a partnership between Betsi Cadwaladr University Health Board, Gwynedd Council’s Social Services and now Anglesey Specialist Children's Services.

The Council has finally been forced to apply the defintion of disability as defined under the Equality Act, 2010 when assessing the needs of children.

The CEO's statement does reference non compliance with recommendations from previous Ombudsman's Investigations, but is poorly written and makes little sense

"As there had also been confusion regarding the wording of one of the Ombudsman’s recommendations relating to the parents' assessment, we also did not comply with another clause which we had agreed to implement"

There was no confusion regarding the wording.  The Ombudsman's wording is simple and clearly written.

The updated Derwen Policy can be found here -

 https://www.gwynedd.llyw.cymru/en/Residents/Health-and-social-care/Hwb-teuluoedd/Integrated-Team-for-Disabled-Children.aspx

Local solicitors and advice groups take note.
(It is advisable to make hard copies) 

The Ombudsman for Wales Report,dated January,2020, can be find below -
It finds against Gwynedd Council, Cartrefi Cymru and BCUHB.

https://rhagolwg.gwynedd.llyw.cymru/en/Council/Documents---Council/Final-Public-Interest-Report.pdf

Something is very 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.

Why A Blog About Cyngor #Gwynedd Council ?

I feel it is time for a recap of the events that led to this blog being created.

The 2010 Independent Investigation - with all points upheld - was highly critical of Gwynedd SS and their management team in their treatment of an autistic child. But the recommendations of the Report were not acted upon and the child and family were ignored.

Our local MP, Liz Savile Roberts was contacted for help but her very good friend at the council, Marian Parry Hughes, intervened and Liz then ignored our request for a meeting to provide her with our evidence. Liz has continued to ignore our correspondence.

At the time, the child was on a CIN plan managed by a social worker whose attitude beggared belief, culminating in the social worker not bothering to turn up for a review of the child's case. A meeting that he, himself, had organised with parents and a teacher, letting them all down and wasting everybody's time.

A complaint was raised about his behaviour and that of the Head of Services. To say it was dealt with badly is an understatement and a Stage 2 complaint repeatedly refused. (The Ombudsman has since recommended that ALL officers involved in the complaint be given re-training in the Statutory Complaints procedure)

So I began to blog the story of how Gwynedd Council have behaved.

I have been careful to name only those officers who have behaved badly and deliberately not named one manager whom, I believe, had her arm twisted by more senior managers to misrepresent the Investigation of the censoring and mishandling of personal information and the Council's own data breach.

Gwynedd Adult services were recently lambasted by the Ombudsman for how they treated a young, autistic man. This case was only brought to the Ombudsman's attention because the Complaints department had refused to accept their complaint, also.
 
If those named would like the right to reply they have only to contact me. I am also willing to consider and/or publish their version of events if they so wish.

I would also like to thank those who have supported the family in our attempt to access services for 'high functioning' autistics and those children that continue to fall between the gaps in services.

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.

.

Stage 2 Complaint Against #Gwynedd Council Update.

Today, the 25th of May, 2018, is the anniversary of our raising a Stage 2 complaint against Cyngor Gwynedd Council, on the advice of the Ombudsman for Wales.

One year in a process that should take 28 days and it is still not completed.

Gwynedd Council Stage 2 Complaint - 8 Months Today.

Today marks 8 (eight) calendar months since a stage 2 complaint was raised against Cyngor Gwynedd council on the advice of the Ombudsman for Wales.

Two months were lost due to the original Independent Investigator meeting with an accident and so was unable to continue.

Six months then in a process that should, according to the council's own Statutory Policy, be completed in 25 working days.

#Gwynedd council were handed the Independent Investigator's Report at the end of October.

So where is the Report ?

Censoring Of Personal Information By Cyngor Gwynedd Council.

It is the end of another week and Gwynedd Council continue to remain silent in regards to the Independent Investigator's Report into our Stage 2 complaint raised in May, last year, on the advice of the Ombudsman for Wales and so I am placing the second point of our complaint on to the blog.

It involves censoring of personal information obtained under a SAR (subject access request) and a Data breach. 

Data & Information:  The complainants have been provided with an email by Gwynedd County Council which had been partially censored. They believe that there was no legitimate reason to censor the information as there were no third party information within the email, and they believe that the censored narrative was an attempt to prevent them from reading disparaging comments about them by Mel Panther to a professional in the education department.

The complainants were also given emails which contained information shared between professionals relating to other children, which was their personal information and a clear breach of data protection and confidentiality.
                                              ***************************
The complaint says it all really and our desired outcome was -

The complainants seek an explanation for the censoring of their own information, and whether or not it is legal to do so. They seek an explanation from Melvin panther as to how he thought it in any way appropriate or professional to speak about them in such a derogatory manner to another professional working with the family.
In relation to the information containing other children’s details, they wish for this to be dealt with via the Council’s information/Data protection security policy & procedure.

                                                ****************************

There are at least four (4) emails that have been censored by a black marker pen.

All of the censored emails were sent by Melvin Panther, a senior manager in Gwynedd Children and Family Support department.

Now I am not suggesting that Mr Panther censored his own emails, which we were the subject of, because everyone who works in the Care sector has to sign the Data Protection Act and it will have been made very clear to them at the time that altering records or other peoples information, in any way, is a criminal offence.

But someone did indeed censor our personal information, we believe, in attempt to cover up the disparaging remarks made by Melvin Panther. So who ?
I have sighted the response by the Education department to Mr Panther and I read it as a polite slap down so my thanks to that Education officer.

Melvin Panther is a Manager of the social worker, Jamie Haydon, named in the point of complaint discussed in the previous post.

The Data breach involves sending us the name(s) of children receiving support from the council and also names the school the child attends.

Cyngor Gwynedd Council - Incompetent Or Malicious ?

So why is Gwynedd council delaying the release of the Independent Investigators Report into our Stage 2 complaint raised with the council as advised by the Ombudsman for Wales in May, 2017 ?

I understand that this will spoil the council's data figures and put an end to the boasting by the Head of the Children and Family Department regarding the lack of complaints being escalated to stage 2, but these are small matters when compared to helping a disabled child obtain the help that is due him.

Aren't they ?

I am also aware that using the web to publicise our story may have entrenched some within the council and social services to deny the child his rights and us the Independent Report.

But it was the council themselves who first took to the web to whitewash and diss our attempts at obtaining services for the child and this blog was started to tell the very different reality of our situation, as the report gave a very one sided view of things.

It is becoming increasingly obvious that  Gwynedd Council's Complaints Department and Procedure is not fit for purpose and that when or if we are finally allowed the 'Independent Report' will it be so censored or sanitised that it bears no resemblance to the original ?

Fearing this, I feel it would be useful to have some record of the complaint available on the web and so I am going to go through each point of our complaint - and our desired outcomes - here. There will obviously be redactions to protect not only the identity of the child but, also, those employees of the council who have acted professionally.

                                                    *****************************

One point of our complaint was -

 (Child) was on a Child in Need Plan, and as a result of Jamie Hayden (social worker) not attending the CIN Plan Review Meeting on 25^th May 2016, no review was carried out. Complainants wish to know what has happened to (Child's) Child in Need Plan since the last CIN Meeting held in February 2016, and how are social services evidencing that (Child's) needs are being met? (Parents) have never received any correspondence or information informing them that the Child in Need Plan had ended or why.

Our desired outcome to this point of complaint was -

The complainants seek a full and comprehensive explanation from Gwynedd County Council as to why (Child's) Child in Need Plan was not properly reviewed, updated, and minuted, as Gwynedd Social Services department policy and procedure clearly stated..

                                                       ***************************** 

Oh dear - now this could be sticky for the council as all Children cases need careful review and updating and accurate records and minutes kept  - not just those on a CIN plan.

Gwynedd's Social Service's past mistakes and failings in this child's case are clearly documented in an Independent Investigators Report from 2010. Nothing appears to have changed.

Yet Gwynedd Council  literature, policies etc on complaints handling and outcomes assure the public that lessons are learnt and changes made.

Or are they..?

Answers on a postcard postage stamp, please.

More -  https://gwyneddsfailingcouncil.blogspot.co.uk/

Cyngor Gwynedd Council Stage 2 Complaint 2018.

Following on from the post, last year, in which the customer care (!) team at Cyngor Gwynedd council advised contacting the Ombudsman for Wales to discuss our concerns regarding our stage 2 complaint, we did indeed contact the Ombudsman.

Their initial response appeared to imply that we could raise a formal complaint into our formal complaint and so, seeking more clarity we sent the email below -

"We were somewhat confused by your response. We have no in depth knowledge of the statutory policy and procedure in such matters and have sought advice from the Council as to our and the Council's rights during the process. So far without success....

We do know however that the handling of our complaint and us as complainants by the Senior Management Team and Customer Care is just plain wrong.

Your office has repeatedly stated that the Ombudsman is independent of both complainants and public bodies and from your own email the other day - 'He is not an advocate for either party and his function is to investigate complaints put to him, reaching a view on the evidence presented, in an impartial manner'.

May we remind you that the Ombudsman has made decisions on our case purely on 'new information' - not evidence based - provided to them by the council in the past without allowing us sight of said information or allowing us to comment and rebuff such 'information'.

We also remind you that the Ombudsman's office has given us assurances in the past which have transpired to be false and we have challenged the Ombudsman's past decisions in this case as inadequate and nonsensical.

Indeed we feel that had the Ombudsman's original decision been adhered to, that the Council were to undertake the Original Stage 2 complaint, then some of the current situation may well have been avoided.

We contend that the Ombudsman's methods do not allow for fairness and transparency when only one side is allowed free and unfettered access to his office and can present information that the complainant is told nothing about and so cannot counter argue. How on earth is this fair or acting in 'an impartial manner' ?

This whole process of dealing with the Ombudsman and the Council is exhausting and is causing considerable upset and anguish. We are reasonably intelligent and due to the life we lead have learnt to be mentally resilient,yet we are suffering - we know that so many others in similar situations give up in despair, worse is the fact that both the Ombudsman and the Council appear to have forgotten completely the needs of the child in all this...."

...We are at present pondering on whether to make another complaint with the Ombudsman or put in a formal complaint with the Council in regard to their handling of our current Stage 2 complaint. But our experiences tells us that this whole process is flawed to the extent of not being fit for purpose.

Please inform us whether submitting another Stage 2 to the Council, or raising a complaint with the Ombudsman's office will in any way further delay or interfere with our current Stage 2 complaint."
                                             ***********************
They replied -

"...If you wish for this matter to be considered by the Ombudsman, you would need to submit a complaint, by completing the online form on our website.  I am unable to speculate whether submitting a complaint to this office would affect the Council’s current Stage 2 investigation. The decision whether or not to approach the Ombudsman at this stage is yours and I am unable to advise you in that regard.  However, please be aware that we normally expect you to exhaust the Council’s complaints procedure before approaching us."

Now the Ombudsman's use of the word 'speculate' caused my spider senses to tingle.

So we contacted the Gwynedd customer care (!) and asked the question -

"... if we were to raise a formal complaint into how the council and the customer care department have been dealing with our formal complaint would this, in any way, interfere with or cause any further delay to our formal complaint first raised with you on the 25th May, 2017 ?"

Such a convoluted and insane question to ask a county council, but eh.

The council has fallen silent.

More -  https://gwyneddsfailingcouncil.blogspot.co.uk/