Compliments, Comments, Concerns and Complaints · feedback. Many of the compliments received...

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Serving the people of Cumbria cumbria.gov.uk Cumbria County Council Annual Report 1st April 2010 to 31st March 2011 Adult Social Care - Compliments, Comments, Concerns and Complaints

Transcript of Compliments, Comments, Concerns and Complaints · feedback. Many of the compliments received...

Page 1: Compliments, Comments, Concerns and Complaints · feedback. Many of the compliments received reflect the excellent care and customer service provided and provide fantastic evidence

Serving the people of Cumbria cumbria.gov.uk

Cumbria County Council

Annual Report1st April 2010 to 31st March 2011

Adult Social Care -Compliments, Comments, Concerns and Complaints

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Contents

Introduction Compliments Concerns, Comments & Enquiries ComplaintsA Personalised Response to Each ComplaintKeeping People Safe and Managing RiskNumber of Complaints Received in Each DistrictPutting the Numbers of Complaints in Context Supporting and Helping People Make Their Views KnownLearning Lessons Use of Independent People in the Complaints ProcessWorking with the NHS Working with Independent Sector Care ProvidersInformation and TrainingThemes and TrendsCorporate ComplaintsUser Feedback about the Process Breakdown of Complaints in Each Service AreaNature of ComplaintsEqualities Data Relating to ComplaintsComplaints Referred from the Local Government Ombudsman

Adult Social Care Complaints Team3rd FloorCivic CentreRickergateCARLISLECA3 8QG

T: 01228 227140E: [email protected]

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Adult Social Care - Compliments, Comments, Concerns and Complaints

Complaints Team Annual Report 2010 – 2011

Introduction

The Community Care Act 1990 first gave councils with responsibility for providing social care services specific statutory duties. The production of an annual report has, since 1990, been a statutory requirement.

On 1st April 2009 major new legislation1 and Department of Health guidance2 governing adult social care complaints came into force. During the period covered by this report, 1st April 2010 to 31st March 2011, the Adult Social Care Directorate has embedded a new personalised and outcomes focussed approach to complaints. The period has also seen the development of an effective Lessons Learned Group within the directorate.

The Adult Social Care Complaints Team has responsibility for all complaints, compliments, comments and concerns relating to adult social care. The team do not have responsibility for complaints, compliments, comments and concerns relating to the local services functions of the directorate. Most complaints fall to be dealt with under the statutory adult social care complaints process, but the team are also responsible for processing corporate complaints which relate to the directorate.

The Adult Social Care Complaints Team

Located within the Care Governance part of the Directorate, during the reporting period, the Complaints Team consisted of two full time permanent staff members and one full time temporary staff member as follows:

Complaints Manager - full time permanentComplaints Officer - full time permanentComplaints Assistant – full time temporary

The team are based at the Civic Centre in Carlisle.

1 The Local Authority Social Services and National Health Services Complaints (England) Regulations 2009 2 Listening Responding Improving – A Guide to Better Customer Care published by Department of Health

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Compliments

During the year 1st April 2010 – 31st March 2011 Adult Social Care Staff received a total of 190 written compliments.

It remains important to the directorate that success is celebrated and used as a learning opportunity. Each written compliment received is acknowledged personally by Richard Parry, Corporate Director of Adult and Local Services, who sends the person or team, complimented a personal letter in recognition of their achievements, as well as thanking the person making the compliment for their feedback.

Significant lessons can be learned from positive feedback. Many of the compliments received reflect the excellent care and customer service provided and provide fantastic evidence of directorate staff treating service users and their families with compassion, dignity and respect. Some real examples of compliments received in 2010 - 2011 are shown on the following page:

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Some compliments received during 2010 - 2011

The social worked hard to get our mother the support she need. She really cared about her and wanted the best for her and we feel you should know how good she has been.

Thank you to the Occupational Therapist who visited us. We were sorted out by him and are very pleased. All the help we received has been excellent. How lucky we are to be old and dependent in Cumbria.

We want to say a very big heartfelt thank you to you all for the wonderful care you gave to mum…she was so happy as she called you all her family and friends

Since receiving the support he needed Mr G has become vocal, ameanable to help with his personal appearance, in short he has begun to engage with life once more

It has been a great comfort for us to have you involved as a social worker. Your professional competence shines through and the experience you bring is rare and hugely important. I also appreciate your fresh honesty and I have learned to trust you completely.

Having a personal budget has opened up so many more opportunities for A and without it his life would not be as rich and full as it is now. I also want to let you know how smooth the transition from Childrens to Adult Services was. This apparently seamless transition made an enormous difference to both A and me.

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Concerns, comments and enquiries

It is important that people don’t have to make a complaint in order to make their views known. A total of 88 concerns, comments and enquires were received in the monitoring period. When people raise a concern or make a comment our policy is to acknowledge their communication and to respond, in writing. The directorate aim to respond to concerns, comments and enquiries within 20 working days.

Number of concerns, comments and enquires by District

Timescales: Concerns, comments and enquiries

81% of cases were responded to within 20 working days.

Time taken to respond

%10 working days or less 5911-20 working days 2221-30 working days 9Over 30 working days 10Total 100

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Number of concerns, comments and enquires by nature and service area

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ComplaintsA personalised response to each complaint

The adult social care complaints procedure allows managers dealing with complaints to take a flexible and personalised approach. The complainant is put at the centre of the process and is expected to contribute to a resolution plan which sets out the nature of the complaint, identifies how the complaint can be resolved, by whom and how long it will take. The overarching aim of the procedure is to resolve matters to the complainant’s satisfaction. The directorate policy is:• To acknowledge every complaint within 3 working days identifying a named lead manager in

every case• For the lead manager to contact every complainant in person within 5 working days• To agree a resolution plan identifying the exact nature of the complaint, what the person

complaining would like to happen, and how the complaint is to be dealt with• Encourage managers to take a flexible and creative approach to complaints• Have a second manager involved in every complaint, to oversee the complaint and any investigation

or actions agreed and to sign-off the complaint once everything possible has been done to resolve it• Offer excellent customer service to people who wish to make their views known.

Performance 2010 – 2011

% of all complaints acknowledged within 3 working days 91%% of statutory complainants contacted in person within 5 working days 51%% of complaints with an agreed, written resolution plan 55%% of complaints with a completed complaints report 31%Average number of working days to process complaints 38 days% of complaints recorded as completed within agreed timescales 9%% of complaint where learning logs have been completed 19%

Adult Social Care Managers have a range of options when it comes to dealing with complaints. The agreement (and any disagreement) about how best to resolve the issues raised should form part of the complaints resolution plan. The following table shows what primary action was agreed between the complainant and the lead manager.

Action taken in relation to statutory complaints

Action by Lead Manager 42%Investigation by Lead Manager 20%Start, stop or change something 8%Apology 3%Reassessment 2%Review Assessment 3%Explanation 7%External investigation 2%Compensation or re-imbursement 5%Other 3%Resolved during initial conversation 5%Total 100%

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Number of Complaints Received in each District

District Statutory 10/11

Statutory 09/10

Non-stat / corporate 10/11

Non-Stat / corporate 09/10

Total10/11

Total 09/10

Carlisle 44 28 19 9 72 37Eden 7 6 9 0 16 6Allerdale 21 24 19 6 40 30Copeland 17 11 2 3 19 14South Lakes

13 21 10 4 23 25

Barrow 18 23 7 5 25 28Whole County

0 0 0 1 0 1

Out of County

0 0 2 0 2 0

Total 120 113 68 28 188 141

Included in the statutory complaints are 2 complaints that came to the Adult Social Care Team which were passed over to the NHS and 10 complaints about care providers which were passed on to the provider to deal with. A further 9 statutory complaints were dealt with jointly by Adult Social Care & NHS. The increase in corporate complaints this year can be attributed to the implementation of fairer charging and the new policy relating to recycling of equipment.

Putting the Number of Complaints in Context

2010 - 2011 2009 - 2010District Clients

receiving a service

Number of complaints

Complaints as % of no clients receiving a service

Clients receiving a service

Number of complaints

Complaints as % of no clients receiving a service

Carlisle 3891 72 1.85 4446 37 0.83Eden 1754 16 0.91 2262 6 0.27Allerdale 2808 40 1.42 3478 30 0.86Copeland 2058 19 0.92 2754 14 0.51South Lakes 3101 23 0.74 4033 25 0.62Barrow 3747 25 0.66 4517 28 0.62Cumbria 17359 188 1.08 21490 141 0.66

The numbers of complaints received need to be seen in perspective. Only a very small proportion of people receiving a service make a complaint.

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Keeping people safe and managing risk

All incoming complaints are subject to a written and recorded risk assessment by complaints team staff. This helps the directorate to respond proportionately to each complaint, according to the level of risk to individuals or to the organisation. It helps the team identify who is best placed to respond to each new complaint, with low risk cases allocated to Team Managers and high risk cases dealt with at County Manager / Assistant Director level.

Carrying out an early assessment of risk also enables the complaints team to identify potential safeguarding cases more readily.

A total of 19 cases, which initially came to the Directorate as complaints or concerns, were identified as potential cases of abuse, and were referred to the relevant social work team manager for further consideration. Of these 19 cases, 3 were subsequently dealt with via Cumbria’s Multiagency Safeguarding Procedures.

Complainants have the right to pursue any residual complaints once safeguarding action is complete. The table below shows the risk rating that the complaints team attached to each incoming statutory complaint following risk assessment.

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Risk rating attached to incoming complaints 2010 - 2011

Low Medium High34% 56% 10%

Supporting and helping people make their views known

We understand that many people receiving a social care service would find it difficult to make a complaint or otherwise make their views known without some support and help. Often people making complaints are helped or represented by a partner or a family member. Social workers and other council staff can help people make complaints by:

• telling people about their rights and giving them information about the process and how it will work• helping people wanting to complain to complete a complaints form or by recording complaints made

verbally to them on the capture form• helping people access an advocacy service

The council contract with a variety of organisations to provide both general and specialist advocacy services free to service users, carers and their families, across the county.

During the course of the past year 7 complainants had the support of a professional advocate. A further 4 complaints were submitted on service users behalf by a solicitor.The council is currently undertaking a review of advocacy services with a view to establishing the need for advocacy, models for best practice and recommendations for how advocacy should be made available and provided in the future. The review findings and recommendations are due to be reported to Cabinet for a decision in September 2011.

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Learning Lessons

The Lessons Learned group meets quarterly and has a wide ranging membership including operational County Managers, Knowledge Management, Complaints, Performance, Contracts and Safeguarding. The purpose is to bring together, record, and disseminate learning from a variety of sources. The overarching aim is to use evidence to improve practice.

Examples of learning from complaints in the last year include:

Case 1: A complaint was made following a decision to withdraw a Direct Payment. The service user argued that expenses she later discovered were not allowed had been sanctioned by managers. There was a lack of clarity over what the Direct Payment was for, what it could /could not be spent on and how it would be audited. Following this complaint a series of events on personalisation and self directed support were held for Mental Health practitioners.

Case 2: A series of complaints revealed that there were a variety of differently held beliefs amongst staff around the county about the booking of respite care about how far in advance respite could be booked. This had led to anxiety and uncertainty for families and had meant in one case that a planned family break had to be cancelled. A memo from an operational County Manager to all social work and customer support staff clarified that respite bookings could be made 12 months in advance.

Case 3: A complainant whose mother has suffered a series of falls during a respite stay in a council owned home complained that the written record of events was inadequate. Information on the social work care plan about her mothers visual impairment had not been properly communicated to care home staff. Reminders about the importance of robust recording were cascaded to all staff via Management Meetings and Team Meetings.

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Use of independent people in the complaints process

Prior to 1st April 2009, complainants had a statutory right to escalate their complaints to a formal investigation stage. In Cumbria all such investigations were carried out by fee paid Investigating Officers external to the council. In 2008 -2009 a total of 17 complaints were investigated by fee paid investigators. In 2009 -10, following implementation of the new complaints process, the number dropped to 3. In the current year, 2010 -2011, only 1 fee paid external investigation was commissioned by the complaints team.

The Complaints Team within Adult Social Care continues, jointly with Children’s Services, to maintain a pool of independent people for occasional use in the complaints process.

External investigations remain an option open to directorate managers and complainants and are considered in the following circumstances:• where the complaint risk rating is high AND• the facts of the case are unclear or are in dispute AND• it can reasonably be anticipated that an investigation report will help the directorate in responding to

the complaint OR• there is some other factor which compromises the council’s ability to fairly investigate the complaint

In the current year investigations required have predominantly been carried out by adult social care managers. This has resulted in a significant financial saving, without compromising the council’s ability to deal with and resolve complaints fairly and in a transparent way.

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Working with the NHS

The current complaints legislation, which applies across adult social care and NHS health services, has highlighted the ongoing need for better links with colleagues in health. The Cumbria Complaints Leads Group, which the Adult Social Care Complaints Team have chaired and administrated during the past year, meets quarterly. The Cumbria Joint Complaints Protocol3 which was first agreed by the group in 2004 was last reviewed in June 2010.

The Joint Protocol sets out arrangements for dealing with complaints which concern one or more health or social care organisation. All signatories are committed to:• offer complainants a single point of contact• offer complainants a single coordinated response to their complaint• regular and effective liaison• joint responsibility for organisational learning

During the year the directorate received a total of 10 joint complaints with health. The adult social care complaints team received 2 further complaints which were unrelated to adult social care and were subsequently passed to the relevant health trust to be dealt with via that organisations complaints process.

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Working with Independent Sector Care Providers

Independent sector care providers are required, in order to comply with National Minimum Standards4, to have a complaints procedure so that service users, their families and friends are confident that their complaints will be listened to, taken seriously and acted upon. All people using services regulated by the Care Quality Commission have the right to complain. This right applies to those who arrange and pay for their own care as well as to those service users whose care is arranged an funded or part funded by the council.

Most complaints about providers will be made directly to, and be resolved by, the provider, without the need for intervention from the council. Where complaints are made to the council about standards of care provided by services commissioned by Adult Social Care, the council’s initial response, with the complainant’s permission, is to ask the provider to respond.

The council retains a duty of care to those service users using contracted services and should oversee the providers own investigation and response to ensure that it is fair and robust. The council may become involved in dealing with and responding to complaints which cannot be resolved via the provider’s complaints procedure.

The Adult Social Care Contracts Team is notified about all complaints relating to commissioned services and deals with any contract compliance issues. The Contracts Team monitor and collate information from a variety of sources, including complaints, and via a programme of audits and inspection visits, help the council ensure that providers are performing to a good standard. The council has good practice guidance to help managers deal with providers who are performing poorly.5

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3 Cumbria Joint Complaints Protocol: Pathway for complaints made about care delivered by more than one organisation 4 The Care Standards Act 2000 23 (1) requires providers to comply with National Minimum Standards5 Procedure for response to poorly performing providers

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Information and Training

Complaints Team staff attended 12 team and management meetings throughout the year to publicise and raise awareness around compliments, comments, concerns and complaints and to respond to any questions or concerns. The Complaints Manager attends the Directorate Induction Course Welcome to Adult Social Care.

Targeted training was offered to Adult Social Care Managers and training sessions were held in Carlisle and Kendal in November 2011. Feedback from the two small group sessions was positive. The take up of training was low and similar training will be offered in the coming year once restructuring is complete.

Training for Managers in the Integrated Mental Health Teams was held jointly with Cumbria NHS Foundation Partnership Trust in September 2010.

In conjunction with the Care Sector Alliance, the Complaints Team hosted two workshop style training events for independent sector care providers. The events were held towards the end of 2010 in Carlisle and Kendal There was a high take up of places and excellent feedback from delegates.

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Themes and Trends

The complaints team continue to monitor and report quarterly on compliments, comments, concerns and complaints to identify themes and trends. Complaints in the main service areas, older adults, disability and Cumbria Care were diverse in subject, so it is difficult to identify themes.

The way that people are treated by the council is often complained about so complaints about poor communication and / or poor customer service feature across all service areas.

Another key issue is the quality of the service provided.

This year the introduction of the Fairer Charging policy generated a significant number of complaints about increased charges for day care and home care.

The policy decision to stop recycling used occupational therapy aids and equipment proved in spite of the financial savings for the council to be unpopular with some and generated a number of complaints from people whose perception was that the policy was wasteful.

As the council increases its use of Personal Budgets so the numbers of complaints increase. This year the council received 8 complaints about Personal Budgets or Direct Payments.

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Corporate Complaints

The majority of complaints about adult social care are eligible to be dealt with via the statutory procedure. Non eligible complaints can be dealt with via Cumbria County Council’s corporate procedure for dealing with complaints. The Adult Social Care Complaints Team recorded 68 complaints under the corporate complaints procedures during the year 2010 – 2011.

Corporate complaints were predominantly about fees and charging policy, recycling of equipment policy, transport, and about the blue badge scheme.

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User feedback about the complaints process

When a complaint is completed, a post-complaint questionnaire is sent out to the complainant to gain their views on how their complaint was dealt with. The return rate in 2010-11 was 23%. No questionnaires were returned in the last quarter.

How helpful did you find the Acknowledgement letter and contact from the Complaints Team? (%)

Q1 Q2 Q3 Q4Helpful 58 78 88 0Efficient 0 15 0 0Unhelpful 14 7 12 0Other 28 0 0 0

Do you think ASC provides sufficient information about Advocacy?

Q1 Q2 Q3 Q4Yes 17 0 50 0No 83 100 50 0

Number of Complaints the Lead Manager contacted the Complainant in person (%)

Q1 Q2 Q3 Q4% in person 83 86 100 0

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How satisfied are you with the overall resolution of your complaint?

Q1 Q2 Q3 Q4Very satisfied 33 37 66 0Quite satisfied 33 42 34 0Quite dissatisfied 12 0 0 0Very dissatisfied 22 16 0 0Other 0 5 0 0

Do you feel ASC did all that was possible to resolve your complaint? (%)

Q1 Q2 Q3 Q4Yes 57 43 77 0No 43 57 23 0

Some comments from returned questionnaires:

My complaint was dealt with very satisfactorily I am only sorry that it had to come to this. The only thing I want is quality care for my 84 year old father.

Let Social Workers and the family work together with understanding and compassion and not make decisions on their own understanding but to include the family member.

The Lead Manager was very nice and very helpful. She did what she said she would do.

Considering the complexity of my complaint/concerns the resolution plan covered the main points very well.

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Breakdown of Complaints in each Service Area

Support services - Other : Number of complaints

Service Area Average time taken to resolve corporate complaintsSupport Services 9 days

Support services - Charging and Business Support : Number of complaints

Service Area Average time taken to resolve statutory complaintsCharging and Business Support

70 days

At the time this report was produced there were 2 outstanding statutory complaints from 2010/11 relating to Business Support.

Disability : Number of complaints

Service Area Average time taken to resolve statutory complaintsDisability 39 days

At the time this report was produced there were no outstanding statutory complaints from 2010/11 relating to disability services.

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Cumbria Care : Number of complaints

Service Area Average time taken to resolve statutory complaintsCumbria Care 26 days

At the time this report was produced there were 2 outstanding statutory complaints from 2010/11 in Cumbria Care.

Older Adults : Number of complaints

Service Area Average time taken to resolve statutory complaintsOlder Adults 33 days

At the time this report was produced there were 5 outstanding statutory complaints from 2009/10 in Older Adults.These breakdowns do not include 2 complaints which were regarding health services and 1 complaint received via the Local Government Ombudsman, of which the Council is still awaiting the details of the complaint.

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Nature of Complaints

Older Adults

Disabil-ity

Support Services

Cumbria Care

Finance Total

Appropriateness of Service 1 1Building/environment 1 1Carers 1 1Charges for Day Care 26 26Charges for Homecare 1 8 9Charges for Meals on Wheels 1 1Charges for Residential Care 2 2Conduct of Resident/Client 2 2Conduct/attitude of staff 10 15 1 10 2 38Confidentiality 1 1 2Delay in funding 1 1Delay in Service 3 1 4Direct Payments 2 5 1 8Lack of Service 4 4 8Other 5 2 2 2 2 13Personnel 2 1 3Quality of Service 18 9 3 11 4 45Refusal of Service 4 2 6Request for Information 1 1Request for Service 2 2 4Unwanted Change 8 1 9Total 50 56 8 26 45 185

This table does not include 2 complaints which were regarding health services and 1 complaint received via the Local Government Ombudsman, of which the Council is still awaiting the details of the complaint.

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Who Complained?

The following data refers to all complaints, both statutory and corporate. Only 30% of complaints come directly from service users. Service users are often represented by their partners, parents or other relatives.

How Involved %Advocate 3Carer 1Member of the public 2Parent 9Other relative 39Partner 10Professional 2Service Provider 2Service User 30Solicitor 2Total 100

How the team were contacted by members of the public?

Complaints, concerns and comments can be made, to any team or member of staff, in writing or orally. Teams or individual staff members receiving complaints are expected send details to the Complaints Team on the day of receipt.

Point of Access %Complaints Team 28Contracts Team 0.5Corporate Complaints Team 5Customer Services 4Director’s/Chief Executive’s Offices 14Operational Team 46Via Health 1Via MP 1Via LGO 0.5Total 100

Format %Email 18Form 10In Person 1.5Letter 46Phone Call 24Questionnaire 0.5Total 100

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Corporate Complaints Timescales

Timescale % of complaints0 – 10 days 8511 – 20 1321 – 30 1Over 30 1Total 100

Statutory Complaints Timescales

Average Statutory Complaints TimescaleAverage timescale 38 days

Outcome of Complaints

Outcome % of complaintsUpheld 18Partially Upheld 18Not Upheld 40Resolved 12Refused – ineligible 4Withdrawn 8Total 100

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Equalities data relating to complaints

The Complaints Team use the equalities data recorded in IAS. The team do not collect separate data. The following data relates to the subject of the complaint (i.e. to the service user), rather than to any third party who makes a complaint on behalf of the service user.

A total of 165 complaints related directly to a service user for whom there was a pre existing IAS record. The remaining 23 complaints, did not relate to any individual service user, and so are not included in the calculations below.

Percentage of service users involved in complaints processAge Range 2010 - 2011 2009 - 201018-64 27% 43%65-74 15% 9%75-84 18% 23%85+ 38% 23%No data 2% 2%Total 100% 100%

Percentage of service users involved in complaints processGender 2010 - 2011 2009 - 2010Female 68% 66%Male 32% 34%Total 100% 100%

Percentage of service users involved in complaints processEthnicity 2010 - 2011 2009 - 2010Black Caribbean 0% 0%Asian, Any other Asian background 0.5% 0%Any other ethnic background 0% 0%Any other mixed background 0.5% 1%Any other White background 0.5% 2%White British 96% 92.5%White Irish 0% 0%Not Stated 2.5% 4.5%Total 100% 100%

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Percentage of service users involved in complaints processDisability 2010 - 2011 2009 - 2010Mental Health 9% 4.5%Learning Disability 14% 22%Physical Disability 76% 72%Vulnerable Adult 1% 1.5%Total 100% 100%

Percentage of service users involved in complaints processReligion 2010 - 2011 2009 - 2010Christian 36% 17%Other Religion 0% 1%Agnostic 1% 0%None 3% 1%Data unavailable 56% 79%Refused 1% 1%Jewish 3% 1%Total 100% 100%

Percentage of service users involved in complaints processSexuality 2010 - 2011 2009 - 2010Heterosexual 22% 10%Data unavailable 76% 86%Unable to answer 1% 4%Total 100% 100%

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Complaints made to, or determined by, the local government ombudsman during the period 2010 - 2011

Service Area Nature of complaint Ombudsman Decision

Financial Assessment / Charging for Services

Council failed to carry out an assessment of charges requested when service user’s capital fell below the threshold. Service user’s legal representative believes that information requested by the council is not relevant.

Ombudsman’s discretion not to pursue complaint.

Learning Disability Service

Complainant asking questions relating to alleged sexual assault of daughter and whether council responsible for failure to safeguard.

Ombudsman’s discretion not to pursue complaint

Learning Disability Service

Advocacy group complains on behalf of a man with learning disabilities that council has failed to recognise the extent of his disability in the allocation of resources to support him and has suggested that instead of the individual support which he needs, he should move into residential care or have another service user live with him.

No or insufficient evidence of maladministration

Learning Disability Service

Council failed to provide a care plan for complainant’s disabled teenage son, before it issued a Direct Payments Plan which included activities costs apparently agreed upon by the council. Complainant subsequently wrote a care plan herself but then the Council issued a further DP plan from which the activities costs were missing. For a long time there was very little money provided for the carers’ mileage at weekends is insufficient to pay for transport to the nearest city.

Local Settlement

Council agreed to pay £250 in recognition of stress caused by occasional breakdown in communication.

Older Adults Service

Specific nature of complaint unclear. Ombudsman questioning whether a complaint has been made through the council’s complaints procedure and asking for a copy of the substantive response.

Complaint still under consideration

Older Adults Service

That the council, in assisting the complainant to move to new accommodation, disposed of his possessions without the complainants consent.

No or insufficient evidence of maladministration

Older Adults Service

That the council failed to provide appropriate care provision, i.e. the application of anti-embolism stockings, when complainant left hospital and that as a result the complainant had to employ a carer at his own expense.

Ombudsman’s discretion not to pursue complaint

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Service Area Nature of complaint Ombudsman Decision

Older Adults Service

Specific nature of complaint unclear. Ombudsman questioning whether a complaint has been made through the council’s complaints procedure and whether any issues have been dealt with under safeguarding procedures and the outcomes.

Complaint still under consideration

Learning Disability Service

The council refused to provide a service because eligibility criteria not met. Complainant moved to Cumbria from another Local Authority area where services were provided.

No or insufficient evidence of maladministration

Older Adult Service

Complainant is unhappy with the involvement of Adult Social Care in the discharge from hospital process. Specifically, he says that the social worker’s assessment of his mother was inadequate and he did not properly take into account the home visit report of the hospital’s Occupational Therapist.

Ombudsman’s discretion not to pursue complaint

Cumbria Care – Residential Care

Complainant’s mother lost purse and handbag whilst in respite care.

To discontinue investigation (formerly Ombudsman’s discretion not to pursue complaint)

The council accept that complainants may not be satisfied with the council’s investigation of their complaint and always advise complainants of their right to complain to the Local Government Ombudsman. During 2010-2011, there was one minor local settlement and no findings of maladministration (with or without injustice to the complainant).

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