Welcome .org.uk @LGOmbudsman Today you will be able to: 1 Meet the - PowerPoint PPT Presentation

Welcome .org.uk @LGOmbudsman

Today you will be able to: 1 Meet the new Ombudsman 2 Learn how to use complaints to your benefit 3 Network with others who deal with complaints 4 Hear about our experience of investigating complaints from self-funders about registered care providers

165 staff (FTE) 3 offices

Our twin aims are to REMEDY INJUSTICE INJUSTICE -&- IMPROVE SER SERVICES VICES

Education & Childrens Services Adult Care Services 17% 5% Benefits & Tax 9% Planning & Development 20,100 Housing 15% 10% received Highways & Transport cases Environmental Services Corporate & Other Services 12% 13% Health 13% Other or NULL [2015-16]

Education & Childrens Services Adult Care Services 17% 5% Benefits & Tax 9% Planning & Development 20,100 Housing 15% 10% received Highways & Transport cases Environmental Services Corporate & Other Services 12% 13% Health 13% Other or NULL [2015-16]

650 Adult Care Services 482 Education & Children Upheld Cases 381 Planning & Development 255 Housing 237 Benefits & Tax 142 Environmental Services 121 Highways & Transport 074 Corporate & Other

500 400 ▲ 80% number of cases against 300 private care providers in two years 200 100 0 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16

PRIVATE CARE PROVIDERS What do people complain about? Residential care Home care Other 24% 9% 68% 0% 25% 50% 75% 100%

We publish (almost) all our decisions on our website: .org.uk /decisions

Michael King Ombudsman

Who and what is the Ombudsman?  Origins – Scandinavia to the 1960s  Our role – the court of common sense

How we work :  Free for the public and provider, funding from state  Apex of the complaints system  Investigations – work on co-operation and powers  Decisions based on law, guidance, policies and standards  We remedy injustice caused by fault  We are independent but we liaise with CQC  My role – Chair and Ombudsman

Our role in social care  The Local Government Ombudsman c1974  Complaints about council’s social services departments  Care planning, assessment, funding, safeguarding and direct provision  Commissioned care delivered on behalf of councils

 LGO c2010 - The Social Care Ombudsman  The Health Act 2009 – an expanded role  All Adult Care, no matter how funded or arranged  Everything registerable with CQC  Home care, residential care and anything ‘connected’  Users have a statutory right to an independent investigation  Now the biggest part of our role The Local Government and Social Care Ombudsman

Health and Social Care integration Public confusion over how to complain  Many complaints overlap health and care  Multiple bodies involved  Services span public and private  Better Care Fund, Combined Authorities, etc.  LGO principles for simple redress

Public confusion at Ombudsman level  Social Care: LGO/Health: PHSO/Housing: HOS  Joint Working Team to make things simpler  Reform - Bill to create a single Ombudsman

25% 65% increase in cases uphold rate for cases about home care about home care

Donna Campbell Assistant Ombudsman

Complaints: threats or opportunities?  Ombudsman’s process  Putting things right  Learning from complaints 22

Our role in adult social care  Providers and councils should clearly and consistently signpost people who make a complaint to the Ombudsman as the final stage of their complaints process  Commissioning and contract arrangements should clearly state how complaints will be handled – the council remains accountable  Naming providers in decisions

Ombudsman & CQC  We both have a role in complaints – can be a complex message for the public  We transfer calls between our organisations to make sure the person speaks to the body best placed to help them  We inform CQC where we consider there may have been a breach of Fundamental Standards  We share information about all our investigation decisions to inform their approach to targeted inspections

Before the involvement of the Ombudsman  Opportunity to get it right:  DO have a clear, accessible complaints procedure  DO investigate objectively  DO be evidenced-based in your response  DO admit if you have got it wrong

Before the involvement of the Ombudsman  DON’T delay  DON’T be defensive  DON’T allow complaints to lead to recriminations

Organisational culture  Develop a positive, person-centred approach  Empower staff to put things right  Ensure safeguards for whistle-blowers  Accept things do sometimes go wrong  Demonstrate the learning from complaints and the improvements made  Demonstrate strong leadership with Chief Executives and Boards taking responsibility

Ombudsman’s process  Making enquires  Opportunity to supply information  Powers of the High Court to obtain information – potential threat of witness summons

Ombudsman’s process Draft Decision  Opportunity to comment and agree actions Final Decision  Opportunity to remedy complaint

Putting things right  Our recommendations are intended to put the person back in the position they were before the fault occurred. We may recommend:  An apology  Procedural change  Staff training  Financial redress  Reassessment  Reimbursement

Adverse Findings Notice  Where the provider does not respond to a final decision  Where the Ombudsman is not satisfied with the action the provider has taken or proposes to take  Where the Ombudsman does not receive confirmation that the provider has taken the action within the agreed time

Adverse Findings Notice Biggest threat to reputation

Adverse Findings Notice

Learning From Complaints  Free market research  Root cause analysis reports to identify themes & trends  Ensures staff are capable, confident and supported in dealing with complaints  Staff are informed about the outcomes of complaints and any service improvements  Residents and relatives are informed about the outcomes of complaints and any service improvements

Promoting good complaint-handling locally  Resources available for providers on our website  My Expectations – a framework www.ombudsman.org.uk/sites/default/files/Report_My_expectatio ns_for_raising_concerns_and_complaints.pdf  Thematic reports draw together the learning from our complaints to highlight issues to the public, providers, councils and policy-makers

and how to do it A Apologies and how NOT to do it “The Committee has considered the Ombudsman’s report and by 9 votes to 7 has resolved that I be instructed to offer you an apology. This letter constitutes that apology. However, I must warn you that if such circumstances recur I will not hesitate to act as I did before .”

Case studies Please read the case summary and on your table discuss what you think the remedy should be

Case study 1  Person affected has died – injustice cannot be remedied  Apology to family  Write off outstanding fees to reflect the failures in the care and the distress caused to the family

Case study 2  Apology from both council and care provider  Financial remedy in recognition of inadequate care, risk of harm and distress caused  Assurances from council about ensuring the provider complies with its contractual obligations and actions it will take if it does not  Measures council will take to ensure experience is not repeated if provider is changed in the future

Case study 3  Outstanding fees waived

Case study 4  Apology for failing to follow correct procedures  Training for managers about responding to complaints in line with home’s complaints procedure

Nicola Driver External Training & Relationship Coordinator

Training for success  We offer two courses for care providers:  A full-day course for managers and other staff who investigate complaints  A half-day course for frontline staff who are often the first people to receive complaints

What makes us different?  All our courses are delivered by experienced complaint-handlers  We use case studies based on real complaints that have been considered by the Ombudsman  We provide useful follow-up resources after our courses

What people say...  “The course tutor was professional, knowledgeable, friendly and engaging and this made for a very enjoyable and informative training session.”  “An excellent course, which I feel is beneficial to all organisations. I would definitely recommend it – a must to ensure transparency, integrity and trust.”

What people say...  “Thank you for a very informative yet fun day. I am feeling much more confident about investigating complaints from the knowledge and experiences gained during the training. It’s great to have received comprehensive information both on the day and links to resources that can be used.”

Get in touch  n.driver@lgo.org.uk  training@lgo.org.uk

Any questions?