Agenda item

Report by the Director of Law & Governance and Monitoring Officer

Each year, the Local Government and Social Care Ombudsman (LGSCO) issues an Annual Review Report about each council. This relates to the complaints made to the LGSCO about the Council in the previous financial year. This report updates the Committee on this area of governance for the year 2023/4, reflecting on those complaints that were considered by the LGSCO up to 31 March 2024.

 Recommendations:

The Audit and Governance Committee is RECOMMENDED to receive and comment on the Local Government and Social Care Ombudsman’s Annual Review of Oxfordshire County Council for 2023/24, and the work undertaken by the Council regarding its handling of complaints.

The Director of Law and Governance and Monitoring Officer supported by the Deputy Director of Adult Social Care and the Director of Childrens Services presented the report and indicated the following:

Each year the Local Government and Social Care Ombudsman (LGSCSO) issued an Annual Review Report about each County Council. This related to the complaints made to the LGSCO about the County Council for the year 2023/24.The Ombudsman’s Annual Letter came under the statutory framework of the Local Government Act 1974 and established the duty to investigate Tier 1 and Tier 2 local authorities but excluded the parish councils. The Ombudsman provided guidance and advice on good administrative practice. They looked at the trends and the message for Oxfordshire as reflected by the complainants which was also experienced nationally. In this regard the strain in the services of Special Educational Needs and Disability (SEND) and issuing of Education Health and Care Plans (EHCP) were recognised and highlighted. These included the issues families faced in obtaining support and actions that were needed. Training was being undertaken and work was being done across the County Council to emphasise the need to remedy the situation, and to prevent the matter being converted into a complaint. It is noteworthy that there were fewer referrals to the Ombudsman and that those that are being sent, did not necessarily meet the criteria for investigation.

In response to Council Members the following was noted:

·       In determining if the complaint system was working it will to be done on a case-by-case basis.

·       The situation was being addressed in stabilising children’s services. The reports related to complaints that originated almost 3 years ago and as far back as 2019. Improvements would therefore be seen in future reports based on the work being done.

·       Regarding strategy and operation, if it was a strategic failure, it would be reflected in the Annual Review Report as occurred during Covid 19. The present Annual Review Report did not identify any strategic failure.

·       The report was positive for the County Council because the best was done to reduce issues that related to SEN.

·       In terms of the 22 complaints, an increase had been detected in the numbers referred to the County Council for resolution or have been closed after initial enquiries which also reflected that the resolution was satisfactory and within the expectations of the Ombudsman.

·       Regarding complaints that were made and the most effective response that was required, the County Council was trying to ensure that complaints were dealt with early, which would lead to improvements going forward.

·       In response to a question from a Member regarding the total amount of money spent on compensation on Ombudsman complaints over a period of 3 financial years, this figure was not immediately available nor contained in the report but could be provided.

·       The report reflected the complaints received and how they were dealt with, and the new government has recognised the increase of concerns on SEN delivery.

·       In terms of vexatious complaints, it was a very high threshold to reach, but numerous repeated complaints, which were received were dealt with.

Councillor Charlie Hicks arrived at the meeting at 14:32 pm

The Deputy Chair thanked the team who had prepared the report.

Resolved that the Committee received and commented on the Local Government and Social Care Ombudsman’s Annual Review of Oxfordshire County Council for 2023/24, and the work undertaken by the Council regarding its handling of complaints.