The Local Government Ombudsman (LGO) is reminding councils of the importance of positively responding to and learning from complaints.

The message comes in response to the LGO issuing a further report on Tameside MBC after the council failed to implement a number of recommendations set out in an earlier report published in October 2014.

The original complaint from the family of an elderly care home resident came to the LGO after the council reduced its contribution to the fees following a quality review. This resulted in the family paying a ‘top up’ fee when alternative accommodation was not properly considered.

The LGO found that the council made changes to the woman’s care contract without first assessing her care needs or completing a risk assessment; did not complete a financial assessment with the woman’s son to find out whether he could pay the extra money; did not act in accordance with government guidance; and did not consider the impact on others who might be similarly affected.

During the investigation process, Tameside offered to provide a remedy to the family, but this has since been withdrawn. The Ombudsman understands that others who have been similarly affected have been properly assessed.

Dr Jane Martin, Local Government Ombudsman, said:

“We want the public to have trust and confidence in the complaints system. If a council does not comply with an Ombudsman recommendation we have no option but to issue a public report. It is an important part of our role to bring these matters to the attention of the full council and local people in the spirit of openness and transparency.

“Our recent research report, My Expectations, also showed that an integral part of an effective complaints procedure is to provide reassurance that making a complaint will not adversely affect future services people receive. In this case it is concerning that the individual who made the complaint has still not received a suitable remedy while others have. I hope that the council will reflect on this and provide the remedy that I have recommended.”

The LGO has reiterated its original recommendations which include reimbursing the family estate with the full amount of third party top-ups that have been made; provide the family with an apology and pay the family £250 for the time and trouble of making the complaint.

Tameside MBC has now been asked to reconsider its response to those recommendations.

Article date: 20 March 2015