Investigation Manual

30 Remedies

The Guidance on remediesmust be considered where maladministration causing injustice is identified. All remedies should be SMART (specific, measurable, achievable, relevant and time bound). For Part 3A cases, an Adverse Findings Notice can only be issued after a Care Provider fails to comply with a recommendation within “the period specified”. The Compliance Manual gives advice about how to write SMART remedies.

Further guidance on remedies in the unusual situation where councils have frozen spending is given in the Guidance on remedies.

The Team Coordinator should be set a task to chase the implementation of any remedy with the BinJ by entering a date on the Public Value and Remedies screen. The remedy wording used in this screen should also be in a SMART format. The Compliance Manual explains how and when to record compliance with the remedies we set.

30.1 Consideration of previous service improvement recommendations

Every case must be decided on its individual circumstances and evidence. We are independent and impartial and our decisions should not be determined by the volume of previous decisions we have made about an organisation. However, where we find evidence of systemic fault in the way an organisation has acted, we should look at any service improvements recommendations we have made on previous cases. This will help us decide our approach to fresh service improvement recommendations.

In circumstances where we have made recommendations on previous cases, and there has not been a sufficient opportunity for the organisation to embed those changes, there is unlikely to be a need for further service improvements. We should refer to the previous service improvements in our decision when we explain why we have not made any on the current case.

Conversely, where sufficient time has passed for an organisation to embed previously agreed service improvements, and we have found the same fault recurring, then we should reflect this in any new service improvements. Remember though ‘recurrent fault’ is also one of the criteria for consideration of a public interest report. 

Information about historic service improvements can be found using the report ‘Decisions with service improvements’. Evidence of compliance with service improvements will be retained on the case in ECHO for 12 months following a decision or for 5 years where the recommendations are considered by an Assistant Ombudsman to be significant.

The BinJ handling reports can also provide useful information about complaint handling standards, actions plans, and other miscellaneous issues which might inform our approach to future service improvements.

30.2 Public interest report recommendations

When we issue a public interest report, the BinJ has three months to consider it (or such longer period as is agreed) and to notify us of the action they have taken or propose to take (LGA 1974, s31(2)). Unless it is clear the BinJ is willing to implement our recommendations within a shorter period, it should therefore be given at least three months to act.

30.2 Remedies wheren councils have frozen spending

Further guidance on remedies in the unusual situation where councils have frozen spending is given in the casework guidane note.

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