More change at Cyngor Gwynedd council as the Director of Social Services is leaving...
Morwena Edwards, whose background is finance was employed as Director of Adult and Children's Social Services in 2012.
The Director of Gwynedd SS is to leave her post in the summer - a year after the Chief Executive Officer retired..
To lose a chief executive officer in the midst of a pandemic was...unfortunate. To lose two such senior officers in just over a year suggests every officer for themselves...
Is another scandal about to come to light?
How long does it take a Monitoring Officer to respond to an FOI request for an internal review?
The return of staff to council offices should by now be complete - just in time for the council elections. 28 councillors have already been elected in uncontested wards as they were the only ones to put their name forward - 19 of these are Plaid Cymru members giving them nearly 30% control of the council before a vote is even cast.
So what unresolved matters will face the new councillors? There is still the issue of Gwynedd council's own #partygate scandal during the pandemic -
'The incident which saw them share a minibus was described by Dilwyn Williams, chief executive of Gwynedd Council as "completely unacceptable" in a letter to staff. Mr
Williams said in the letter that "the individuals involved will be
dealt with accordingly" as the council has had to fork out additional
costs to cover their work during the self isolation period.'
More on that here - https://www.dailypost.co.uk/news/north-wales-news/gwynedd-council-worker-tests-positive-18850705
Then there was the issue of officers misuse of the council's vehicles as reported in the Daily Post, last year -
“We are aware that there are some instances where staff may not have
adhered to this policy, and we are working with our trade union partners
to address this matter and update our policy. “We
can also confirm that the council removed a banner which was placed
without consent on railings near Morrisons roundabout in Caernarfon last
weekend.”
More on that here - https://www.dailypost.co.uk/news/north-wales-news/gwynedd-council-review-vehicle-policy-19777848
'Arfon Assembly Member, Sian Gwenllian has already written to the
authority after concerns were raised with her, confirming she would
“continue to communicate” with the authority' Any update for the public?
Then there is the Education department and its failure to explain why the headmaster Neil Foden reported being thrown under a bus by the council during the school meals fiasco. No explanation of the video circulated on social media of the teacher appearing to have a pupil by the neck, either.
In other news, an FOI request was raised with the council last year. The Information officer did not answer the question fully and so an Internal Review was asked for. The council has failed to carry out this review and an email asking for an update was ignored...
What possible reason could the council have to ignore its duties under the FOI Act?
During the pandemic, Welsh Government passed new laws and policies to enable more public participation in local authority proceedings. Hybrid zoom meetings with some councillors in the chamber and some at home will become the new normal.
Though all council meetings have been recorded since the pandemic very few have been uploaded to Gwynedd's website for viewing by other councillors and the public.
Members of the Education and Economy Scrutiny Committee were to hear back from the senior Education officer regarding the video circulated on social media that appeared to show the headmaster of a local school grab a pupil by the neck. The last meeting of this committee was cancelled - have members of the committee been updated ?
The question of why Neil Foden complained to the press that he had been 'thrown under a bus' by the council over the school meals fiasco has still not been answered.
Senior Operations Manager Aled Gibbard presented the Care Scrutiny Committee with the Council's 'Autism Plan' on November the 25th 2021.
Observations submitted by members included the following - "There was a desire to receive an information session
for Councillors in order to improve understanding of the field. It was
reiterated that this training should be held before April 2022"
Have Councillors received this 'training' session ?
Also - "The annual
review of the Plan was welcomed by Members adding that there was a strong
desire to receive an update before April 2022."
Have Members received that update ?
Moving on - the annual complaints handling reports of Gwynedd social services has not been presented for scrutiny since before the pandemic. The last Children's report was presented in 2019, by Dafydd Paul. A complaint was raised with the council that the officer had misled the committee but this complaint was downgraded to an 'enquiry' by the Director of SS who dealt with the complaint personally and so details will not be logged - presumably...
The Adult and Children departments are responsible for the most vulnerable people in society. We have had two years of a pandemic - many have died - social care is in crisis. Why no scrutiny?
In other news - Councillors of the Planning Committee complained that planning policies were not fit for purpose....
Two proposals which the planning department refused have now been overturned by councillors. Planning permission to create a home from a ruin by a local resident was granted. The other was more controversial and worries of intervention by the Welsh Government were raised.
Some councillors appeared to know the applicant and spoke of the family's troubles. Mention was made that the family already own an ex council home in Nefyn but that the family have been experiencing abuse from some in their community which is now affecting their children.
The story of anti-social behaviour and concerns for their mental health, portrayed by one councillor as a family 'under siege' was enough to sway councillors and the application was passed.
On Thursday, 17th February, 2022, Cyngor Gwynedd council held a Democracy Services Committee meeting. The agenda can be found here - https://democracy.gwynedd.llyw.cymru//ieListDocuments.aspx?CId=140&MId=4494
There was an update on the May elections, an update on hybrid meetings, a diversity in democracy report, a Democratic Services team performance report, and the increase in salaries for Councillors were all discussed. After each report, a vote was called for and each one passed...
One
councillor was present but not really present. He had taken the laptop
into what looked like his workshop for the Zoom meeting and spent most of it pottering around away from the screen. He was shouted at to
get his attention and asked how he was voting on the first report - he voted to accept. He then returned to his project and took little part in the rest of proceedings.
Regarding the increase of salaries to councillors only one councillor objected and voted against. She thought it disgusting with the cost of living crisis
now hitting residents hard. It was explained that this was the
recommendation from a renumeration panel...
Democratic services raised the following in one report -
This is the experience of the Deiniol Ward Councillor, who has decided not to stand again in the May elections. He was very clear in an article published by the Bangor Aye -
“The largest part of the
decision not to stand probably comes from the boundary changes. For
those who don’t know, several new ‘mega-wards’ have been created in
Bangor which only take account of the small number of registered voters,
but take no account of the amount of businesses, infrastructure and
10,000 students population (plus most of the university campus) which
fall in the new ward.".
He continued -
“It’s also been a strange 5 years in the
world of electoral politics, which I must admit was never my natural
home. Elections – whether local or national – don’t change things much
because the institutions we get elected to are tied into far too many
patterns and systems that are designed to halt real change whilst
keeping the money and the real power in the hands of a very small number
of self-serving and corrupted people".
The article can be found here - https://www.thebangoraye.com/gwynedd-councillor-to-stand-down-following-bangor-boundary-changes/
The Democracy Services Committee meeting should be available on the council's website for public viewing sometime soon - https://gwynedd.public-i.tv/core/portal/home
On the 10th, February, 2022, Cyngor Gwynedd Audit and Governance Committee sat to discuss the Saint David's Day Celebration, the revenue budget review, savings schemes, the budget and Audit Wales reports.
The agenda pack - that includes the Audit Wales reports can be found here -
https://democracy.gwynedd.llyw.cymru//ieListDocuments.aspx?CId=136&MId=4597
As in most meetings, the councillors had few questions for officer's and the presented data - the most significant challenges coming from Sharon Warnes, the lay member of the committee.
One councillor fell asleep during the meeting...
Part of the Audit Wales report highlighted that the council was developing a new 'performance arrangement framework'...but that communication with and training for councillors has not been effective enough.
No kidding...
.
The Audit Wales officer was asked for his opinion of scrutiny during the meeting - he just laughed...
The same officer presented the 2019 report to council where he had raised concerns with the provision of youth services - that old chestnut. It was not a meeting the officer would have enjoyed. More on that here - https://gwyneddsfailingcouncil.blogspot.com/2019/10/did-cyngor-gwynedd-council-dogpile.html
Remembering that, the officer may have been thankful to be attending via Zoom rather than in the council chamber, but councillors were still heard to make remarks...
The recording of the 10th, February, 2022, Audit and Governance Committee meeting should be found on the council's website some time soon - https://gwynedd.public-i.tv/core/portal/webcasts
Something is so very wrong within Gwynedd council...
On the 8th February, 2022, Cyngor Gwynedd council held an Education and Economy Scrutiny Committee meeting. The agenda for the meeting can be found here - https://democracy.gwynedd.llyw.cymru//ieListDocuments.aspx?CId=392&MId=4380
The agenda included - HARASSMENT OF HEADTEACHERS, TEACHERS AND SCHOOL STAFF ON SOCIAL MEDIA There have been incidents and the situation is being monitored...
What of the video of a
Headteacher appearing to have a child by the neck? The same Headteacher who caused the social media backlash on school
dinners - but then accused the council of throwing him
under a bus... https://www.dailypost.co.uk/news/north-wales-news/north-wales-headteacher-filmed-appearing-22954185
The Education officer thanked the committee for the question and said he would get back to them....
Why the headteacher accused the council of throwing him under the bus was asked at the Education Scrutiny Committee meeting but the Cabinet Member for Education, Cemlyn Williams, did not answer the question. Instead, he chose to focus on his perception that he was being compared to Boris Johnson. The Education officer simply wished to be 'moving forward'
Have Committee members thought about inviting Mr Foden, so that they may hear his side of the story? https://www.walesonline.co.uk/news/wales-news/headteacher-says-thrown-under-bus-22213496
SEXUAL HARASSMENT IN SCHOOLS Whilst acknowledging there is a problem, there was again very little in the way of data. The main data coming from a UK website on bullying and harassment...
Where is the local data? The schools must have recorded incidents - why was that data not presented? Why is there no data from Gwynedd Youth Justice. The Police - Governors - Pupils - Parents?
With regard to the Economy report - the data driving future works in the county appears to come from a survey undertaken by the council. There were less than 160 responses...Of those some were critical of the lack of youth provision in Gwynedd - this criticism does not appear in the council report...
Regardless, the committee passed the reports...
This meeting should be available for public viewing on the council website sometime soon - https://gwynedd.public-i.tv/core/portal/home
Cyngor Gwynedd council's Care Scrutiny Committee met on the 3rd February, 2022, to receive a progress report on the Occupational Therapy service and also to scrutinise the North Wales Population Needs Assessment.
Whilst the OT report was quite encouraging, if accurate - the Needs Assessment had not been completed. The officer blamed the pandemic and a lack of data but promised the report will be ready to be presented to the Cabinet next week. So no proper scrutiny then? Regardless, a vote on the report that was not a report was called for....!!!
A debate ensued - well sort of... There appeared to be a plea for councillors to help in the collecting of data - then it was said there is enough data...!! Concerns were raised that few people were responding with requests for information - surveys etc and were there mumblings that the data was not positive to the services?
The meeting bemoaned the fact not enough people are engaging to aid with data collection. But families have tried to engage and are ignored...or parent bashed. Councillors of the Scrutiny Committee have been made aware of the concerns for those with protected characteristics (and the data) for several years now - the committee has not engaged. Are members now asking for those with past experience of council services to come forward? It was all very confusing...
Have
any of the five recent Ombudsman's investigations been used to inform
the Assessment? Has the Hugh Morgan, OBE review been used - apart from
the cut and paste 'plan' presented to the last Scrutiny meeting?
Have we reached the point where departmental reports and data are in complete contradiction to recent investigations, reviews and people's personal experiences?
One of the counci's most important pieces of work to plan services for the next 5 years is being bodged...For why? The data is worthless....
Only one committee member saw through it all and voted against accepting the report, one other abstained - the rest voted it through....
The webcast of the meeting should be available on the council's website for viewing some time soon - https://gwynedd.public-i.tv/core/portal/webcasts
The North Wales Population Needs Assessment can be found here - https://democracy.gwynedd.llyw.cymru/documents/s32793/20220223%20Appendix%201.pdf
The Ombudsman for Wales email of the 23rd, December, 2021, also mentions Derwen, Cyngor Gwynedd council's disabled children's service and states -
"The consultant’s review
considered the role of Derwen
(responsible for assessments of children) and of NEWIAS (with a remit
for accessing adult diagnostic assessment) and the chart within the
draft plan seen demonstrates how the agencies will work together. The
need in particular for a transitional social worker
and additional training for relevant officers was identified and is to
be implemented as well as establishing an Autism champion."
What draft plan?
Gwynedd council and Derwen should have been working with agencies since 2008 and the introduction of the Autism SAP. How can they plan to work with agencies that they have been working with for the past 14 years?
With
regard to an autism champion the Plaid Cymru Councillor
for Glyder in Bangor, Elin Walker Jones, was the nominated autism champion from 2012 and
was even nominated for an award in 2014 - she didn't win. What happened to her?
The 'additional training' the Ombudsman mentions should have already taken place (details below)
It
would be interesting to have sight of the evidence provided to Hugh
Morgan's Review by Gwynedd senior management - and fact checked.
The
SS departments these officers manage and their actions and behaviours
have been heavily criticised in five Ombudsman investigations . Four
of those investigations involved the bad treatment meted out to those
on the autistic spectrum. their families and even complaint
investigators. One investigation -
not autism related - was because of a death in a local care home.
Have the Ombudsman's recommendations from that case been complied with? The council's last CEO, Dilwyn Williams, warned the adult SS department that the work was long overdue before he retired. Where is evidence of compliance?
Hugh Morgan's review and recommendations that senior officers have accepted but also failed to implement can be found here - https://gwyneddsfailingcouncil.blogspot.com/2021/04/finally-gwynedd-councils-autism-report.html
But why is Mr Morgan raising issues with the Derwen 'criteria'...? The council were meant to have already updated their Derwen criteria to align with law from a previous investigation - the Ombudsman has signed this off as completed. It makes no sense....
Also this from an Ombudsman's investigation which the council accepted in 2018 -
What is the point of costly and time consuming reviews and investigations when nothing changes?
On the 23rd, December, 2021 the Ombudsman for Wales wrote regarding Cyngor Gwynedd council's compliance - or rather non compliance - with recommendations from a 2019 investigationinto the children's SS department. "In relation to compliance I
had also chased the Council in the interim for confirmation as to the
outcome of the Cabinet meeting on 30 November (having
not had any update). I received its response yesterday morning. I have
also today been able to see the minutes of that Cabinet meeting on its
website and confirmation that the plan was approved. Having considered the
question of compliance, we are content that the Council has met this as a
varied implementation from the strict wording of the
recommendation as set out.
Think on that - the Ombudsman had to chase the council for confirmation and then checked the minutes of the meeting to confirm the council's confirmation..Lessons learnt?
But what is this 'varied implementation from the strict wording'?
On October 22, 2020, the Ombudsman shared his thoughts on what was expected of the council to meet compliance...-
Mr Bennett went on -
The Transitional Social Worker has still not been employed.
Re the Derwen eligibilty criteria - Why does Hugh Morgan, OBE, recommend a 'further (and immediate)' review? An Ombudsman's investigation from 2019 recommends -
70. The Council should review its Derwen policy to ensure its
criteria aligns with the Social Services and Wellbeing (Wales) Act 2014
and the Equality Act 2010’s definition of ‘disability’, and ensure staff
are informed about any changes (within three months).
The Ombudsman has signed this off as completed. So why is the consultant calling for a further review only one year later? By this time, there should be two reviews into Derwen - where are they?
Just before Christmas, the Derwen manager, Aled Gibbard, was asked to share the autism data collected with Councillors of the Care Scrutiny Committee. Apart from a vague 1 in 100 figure he produced no local data. Why not? Why not simply collate all the data from the agencies that have been working together since 2008.
Hugh Morgan's review makes mention of 'ring
fenced' (and non ring fenced) monies for these services over the same
period. By my estimation, there is £680,000 worth of data - where is it?
The 'plan to be launched by April, 2021' has still not been launched.
Anyway it is not a plan - it is simply a copy and paste presented by the contact officer, Aled Gibbard, of Hugh Morgan's review and recommendations . The Equality Impact Assessment also undertaken by Mr Gibbard is mostly a copy and paste of Welsh Government's Code of Practice Equalty Impact Assessment.
Regardless - the Ombudsman has signed it off...
Something is very wrong within Gwynedd council...has it infected the Ombudsman's office?
Cyngor Gwynedd council's Care Scrutiny Committee meeting held on the 25th November, 2021 was interesting on so many levels....
All councillors on the committee bar two, were emailed calling out the Autism plan as a cut and paste of Hugh Morgan's, review summary and recommendations. Only one response was received and 6 councillors excused themselves on the day as not able to attend the virtual meeting. Gwynedd council's 'public' webcast does not include the start of the meeting where those apologies were given. The webcast of the meeting can be found here - https://gwynedd.public-i.tv/core/portal/webcast_interactive/621168
Moving on, the Cabinet Member for Children and Families, Dilwyn Morgan, talks about the difficult times during the pandemic but sees the autism plan produced during these times with 'pride'. He also mentions the importance of listening to young people and their families...
The councillor appears to have forgotten that in 2018, he, along with the children's senior complaints manager, refused point blank to discuss an investigation into this case with the Care Scrutiny Committee. Has he also forgotten the email exchanges he had with a family who raised issues of bad behaviour by officers where he stated in relation to the first Ombudsman's investigation that the council has 'accepted and acted upon his recommendations' ? This was not correct...
It is also a matter of concern that issues were raised with the Cabinet member regarding the accuracy of annual SS complaints handling reports written by the children's department. A SAR has revealed that the Cabinet Member did indeed discuss the matter - not with the council's democratic services as one may expect but with the senior complaints manager for children and families. The conversation does mention that a corporate complaint could have been made, but the email exchange has been so heavily redacted by Gwynedd's Information Manager that the remainder of the conversation is unreadable.
Regardless, the Cabinet Member did not pass on that information...Sshh...
During the webcast, Dilwyn Morgan attempts to blame the system for the deficiencies highlighted by the various investigations and implies that he and the officer's will 'sort it out'. The same people who ignored their responsibilities under the Autism SAP, the Equality Act 2010, the SSWB (Wales) Act 2014, NICE guidelines, code of ethics et al and ignored the SS complaints procedure (in order to squash complaints)...will now sort it out. Right oh...
Regarding the training of members and staff, the Cabinet member states - "it would frighten you how few members of staff undertake these trainings..."
Imagine
what it is like for people on the receiving end of these untrained
staff - from a Head of Services that does not know what the Equality Act,2010
is to a Gwynedd social worker who 'suggested' parents setting up an autistic child
up to 'fail' re safeguarding - "I can't help him otherwise..."
He also states that the situation is more difficult and far worse in other counties of Wales. Which counties are those, Mr Morgan and have you raised concerns ?
And where was the voice of the Cabinet Member for Adults, Dafydd Meurig ? Still sitting on an Ombudsman's report where an autistic young man was left to rot in bed when his commissioned hours were taken from him and the staff used elsewhere in the home to cover for its own staff shortages...
Something is so very wrong within Gwynedd council...
The Ombudsman for Wales finally had his meeting with the present CEO of Cyngor Gwynedd council, Dafydd Gibbard, to discuss continuing non compliance with recommendations made in 2019 - that the past CEO had informed was complete 'bar a nuance'.
The nuance happens to be the Autism plan now heralded on the council's website as 'innovative'. It is anything but....
The 'plan' presented by the contact officer, Aled Gibbard, is simply a cut and paste of the review report summary and recommendations agreed to after the Hugh Morgan, OBE review of services in Gwynedd undertaken last year - The plan can be found here - https://democracy.gwynedd.llyw.cymru/mgConvert2PDF.aspx?ID=32127
Aled Gibbard is also responsible for the 'equality impact assessment report' - tacked on to the already published council agenda. It, too, is a copy and paste - this time, of the Code of Practice for Autism - https://democracy.gwynedd.llyw.cymru/mgConvert2PDF.aspx?ID=32135
A plan is meant to inform and clarify - this does neither. Ditto the equality impact assessment report....
Senior officers gave evidence to Hugh Morgan and presumably assurances during his review of the evidence presented - https://gwyneddsfailingcouncil.blogspot.com/2021/04/finally-gwynedd-councils-autism-report.html
Hugh Morgan's thoughts on the council 'plan' would be interesting. The urgent recommendations from his review have still not been complied with....
Has Dafydd Gibbard been dodging the Ombudsman until the Derwen manager, Aled Gibbard, presented a 'plan' that they consider meets with compliance ? By now we are guessing that Nick Bennett may have become so frustrated with the council that any piece of work masquerading as a plan will be accepted as compliance. Interesting times...
Senior officers may claim there are no financial resources but as Mr
Morgan points out the money is already there. He makes mention of the
ring fenced monies from 2008 until 2016 at £60,000 a year and then
£40,000 (not ring fenced) from then on. By my calculations, Gwynedd council have received £680,000 of government money for support services that do not exist. Where has that money gone ?
And talking of money, Gwynedd council have once again increased the amount in 'reserves'. This money can only have come from the council not spending on services and support. Why is Wales Audit not raising concerns ?
Browsing through Freedom of Information requests made to Cyngor Gwynedd council makes for some interesting reading...
In 2018/19, an FOI request with regard to the Education department titled 'Additional Learning Needs and Inclusion Service' brought about an interesting interchange which included - Perhaps you would like to explain why it is that you have told me that
1507 children are currently on the register yet in response to the same
question being asked less than a month later by another interested
party they claim not only to have received the information before I did
but that the information given to them was that there are in fact 2621
children on the ALN register. The request for an Internal review appears to have been ignored.
More recent requests include - 'Council Expenditure or Payment to Suppliers from January to June 2021' with regard to Health and Social Care. Now this was first asked for in August but was not responded to correctly and the information officer has now stated the information will be made available on the 25th of November. We shall see....
Other requests include - 'FOI Request For Vacant Crofts In Gwynedd Council Area'. The Information officer replied that the council did not hold this information. The requester replied - 'I find it difficult to understand that the council down(sic) not have
information on the small holdings or crofts it owns in its own council
area. If the council does not know what it owns then who would know?' The requester then asked for an Internal Review but the account is now suspended so presumably the review will not now be undertaken.
How many more FOI requests are not being treated according to law - and more importantly why ?
WhatDoTheyKnow helps you make a Freedom of
Information request. It also publishes all requests online.
The link to the website where you can browse all requests made through the website can be found here - https://www.whatdotheyknow.com/
With regard to the article, dated 20th October, in which a councillor asked Cyngor Gwynedd council for indemnity under the council's policy.
The Standards Committee published a decision notice on the 26th October declining the request -
Having looked very carefully at the application, and considering Gwynedd Council's Indemnity Policy attached as Appendix 1 to the report submitted to the committee, the Chair should write to inform the member that the Standards Committee is not in a position to offer him indemnity in relation to legal representation at a hearing of the Standards Committee. The case the councillor is defending deals entirely with his role as a Town Council Councillor. Any decision would impact on that role only, and would not have any affect onthe councillor's role as a member of Gwynedd Council.
Does this relate to the discarded file of various documents ? One of the councillors named has previously made a complaint against a fellow councillor which was upheld.
That case involved a councillor who wrote in his blog that a local person “intended to retire soon...and stand for election to the council in a seat held by another councillor”.
The
Appeals Tribunal, found these allegations to be “factually untrue and unfounded” and the councillor was then suspended from Gwynedd council for three months.
The local person then stood for council and was elected.... So what on earth is going on now....?
Two years have passed since Cyngor Gwynedd council agreed to implement the recommendations of an Ombudsman for Wales investigation yet the council remain in non compliance...
The last CEO of the council had told councillors that all recommendations had been met 'bar a nuance' - this was not correct.
The present CEO was meant to have had a meeting with the Ombudsman in which he was to provide the Ombudsman with an update and discuss issues around compliance. Unfortunately.... 'technical difficulties' meant the meeting had to be abandoned. Why the CEO could not update the Ombudsman by telephone or email remains unclear.
It has also been over two years since the Ombudsman for Wales sent two of his officers to North Wales to take a complaint in relation to non compliance with yet another Ombudsman's investigation.
The officer's explained they could not take this complaint as the Ombudsman's office had already signed off compliance without really understanding what was required of the council. The Ombudsman has apologised for the actions of the officer who signed it off.
The Ombudsman's investigator also refused to take a complaint against the social worker involved in the Stage 2 complaint investigation that senior managers of the council interfered with as the SW may have forgotten what happened....and may deny the charge..!!!
Instead, the Ombudsman wished to focus on the assessment undertaken by Gwynedd council in response to a recommendation from his previous investigation.
Concerns had been raised with the Ombudsman that the council would not treat the assessment fairly and we asked that an independent social worker be assigned. The request was refused and the council then tasked Sharon and Barry with conducting the assessment. It has come to light that Barry was not there for the assessment and one can only wonder why he was involved in the process.
The assessment carried out ended up an exercise in parent blaming...
Questions remain of who was actually in charge of the assessment. The assessor visited the parents to inform the assessment was complete before flying off to holiday in Florida the next day. Yet comments made after this have found their way into the file. Which manager in the SS department was responsible for the handling of this assessment ? A SAR (subject access request) was requested but Gwynedd council's information manager has heavily redacted the information to the extent it is unreadable. Sshh...
It was a surprise to many when the CEO of Cyngor Gwynedd council retired earlier this year during the Covid19 pandemic. Now the council are advertising for a Head of Finance...
The council are also looking to employ a solicitor or barrister to head their legal team...
In other news a person has reported finding a discarded file of various documents - a data breach ? One relates to a recent 'code of conduct' complaint made to the Ombudsman by one Gwynedd Council member about another. It appears to show that the Ombudsman has passed the matter on to the Adjudication Panel of Wales - so that will be an interesting report...
ICO Disclosure Log – Response IC-132080-Q6Y0 “What is happening with the Holden Report please?” Your request has been handled under the Freedom of Information Act 2000 (the FOIA). As you are probably aware, this legislation provides public access to recorded information held by a public authority unless an appropriate exemption applies. Our response We do hold information with the scope of your request. As you may be aware the ICO issued a Decision Notice under the reference FS50882004 in June 2020 in which the Commissioner decided that Betsi Cadwaladr University Health Board was not entitled, under section 21 or section 41 of the FOIA to withhold the requested
information which was contained within the Holden Report, and required that it be disclosed, with personal data redacted. The Health Board subsequently raised an appeal against the Commissioner’s decision which is now before the First-Tier Tribunal.
As the matter is now the subject of an appeal the Health Board is not required to disclose the report until the Tribunal issues its decision and depending on whether the Tribunal upholds the appeal or not. FOI review procedure If you are dissatisfied and wish to request a review of our decision or make a complaint about how your request has been handled you should write to the Information Access Team at the address below or e-mail icoaccessinformation@ico.org.uk. Your request for internal review should be submitted to us within 40 working days of receipt by you of this response. Any such request received after this time will only be considered at the discretion of the Commissioner. If having exhausted the review process you are not content that your request or review has been dealt with correctly, you have a further right of appeal to this office in our capacity as the statutory complaint handler under the legislation. To make such an application, please write to our Customer Contact Team at the address given or visit our website if you wish to make a complaint under the FOIA.
