Report to:

Audit & Governance Committee

Date:

5th December 2023

Title:

Local Government Ombudsman – Annual Review Letter

Portfolio Area:

Councillor Chris Edmonds

Lead Member – Performance and Resources

Wards Affected:

All

Author:

Neil Hawke

Role:

Assistant Director – Strategy

Contact:

Neil.Hawke@swdevon.gov.uk

 

 

 


RECOMMENDATIONS:

That the Audit & Governance Committee REVIEWS the Ombudsman Annual Letter for 2022-23 (attached at Appendix A).

 

1. Executive summary

 

1.1     The Local Government and Social Care Ombudsman (LGSCO) looks at complaints about the council where the complainant considers that we have not sufficiently addressed their concerns.

 

1.2     This report sets out the LGCSO’s Annual Review Letter regarding complaints that they have considered during the period 1st April 2022 to 31st March 2023 (please see Appendix A).

 

1.3     During this period, the Ombudsman investigated one complaint in respect of West Devon Borough Council which was then upheld.

 

1.4     On average, the Ombudsman upholds 59% of complaints about Councils. West Devon Borough Council has seen 100% of investigated complaints upheld which is above the national average but importantly it should be noted that this is against the context of being the only complaint investigated.

 

 

2. Background

2.1      A total of 8 complaints were referred to the Ombudsman however 7 of them were closed down without investigation either being not a matter that the Ombudsman has powers to deal with or that there was no worthwhile outcome in investigating.

 

2.2      The single upheld complaint was in respect of a resident feeling that the Council had not followed our own complaints procedure and in particular, that there were significant delays in responding to his complaints.

 

2.3      Having carried out an investigation at stage 2 of our complaints progress, the complaint was upheld and we offered a goodwill gesture to the resident in respect of time and effort to follow-up on his case.

 

2.4      We also commissioned training on effective complaint handling for officers from the Local Government Ombudsman.

 

2.5      As a result of actions already implemented by the Council, the Ombudsman concluded ‘We are satisfied this is a proportionate response to the complaint and that further investigation will not lead to a different outcome’.

 

2.6                   The Office for Local Government are currently consulting on future performance measures for Councils and one measure is the % of Local Government Ombudsman Cases upheld. We have responded to the consultation requesting that this be reconsidered as a 100% uphold rate of Ombudsman Cases demonstrates a poor level of performance compared to the reality that a single Ombudsman case was upheld in a year.

 

3.  Proposal and Next Steps

 

3.1        That the Audit & Governance Committee note the Ombudsman Annual Letter as set out in Appendix A to this report.

 

 

4. Implications

Implications

 

Relevant
to
proposals
Y/N

Details and proposed measures to address

Legal/Governance

 

Y

The Ombudsman considers if the Council has complied with its own processes and procedures as well as statutory requirements.

 

Financial implications to include reference to value for money

 

Y

Effective complaint handling is one element of ensuring value for money for residents.

 

Risk

N

 

Supporting Corporate Strategy

Y

Performance and Resources

Consultation & Engagement Strategy

N

 

Climate Change - Carbon / Biodiversity Impact

N

 

Comprehensive Impact Assessment Implications

Equality and Diversity

 

N

 

Safeguarding

 

N

 

Community Safety, Crime and Disorder

N

 

Health, Safety and Wellbeing

N

 

Other implications

N

 

 

 

Supporting Information

Appendices:

Appendix A – Local Government & Social Care Ombudsman Annual Letter

 

Background Papers:

Full information on the upheld case can be found here:

https://www.lgo.org.uk/decisions/planning/other/22-015-053