Wednesday 18 March 2015

Welcome to SPSO News. In his overview, the Ombudsman highlights:

This month we are laying four reports before the Scottish Parliament - three about the NHS and one about Scottish Water. We are also laying a report on 61 decisions about all of the sectors under our remit.  These can be read on our website at www.spso.org.uk/our-findings.

Case numbers
Last month (in February), we received 467 complaints. We determined 437 complaints and of these we:

• gave advice on 259 complaints
• considered 126 complaints at our early resolution stage
• decided 52 complaints at our investigation stage

We made a total of 126 recommendations.

Overview

Complaint investigation reports
This month I am drawing attention to a case about Scottish Water (case 201302982).  It involves a long-running saga about a pumping station built near houses, the construction of which caused concern to local residents.  There was significant disruption over almost a decade, and there was damage to some homes during the construction phase. Scottish Water had, however, assured residents that once the building work was complete the disruption they had experienced would be over.  Residents, however, have told me that this is not the case and that since the station became operational they have suffered for a number of years from vibration related to it.  In my report, I say that I consider that Scottish Water have not done enough to address residents’ outstanding concerns about the impact of this development on the value of their properties. Nor have they done enough to address the distress and inconvenience of nine years of disruption on a community of elderly residents, some of whom suffer from serious health conditions.  I recommended that Scottish Water assess any impact of the station on relevant property values and compensate residents for any loss of value; the first time I have made a recommendation of this nature. Although after interviewing a number of residents I found that their views on a solution differed, I have made recommendations to try to address the main concerns, and I have been careful to say that the steps that Scottish Water should take only apply where a resident wishes it.

We are also publishing three cases about NHS boards, each very different, but each involving issues of communication.  In one, a woman with gynaecological problems did not undergo the procedure she thought she was to have (case 201302900).  Although she had given consent for a particular procedure, her surgeon was unavailable so a locum carried out her operation, and did not obtain her consent for the full procedure she had expected.  They then gave her inaccurate information about what they had done.   In another an elderly man died after being admitted to hospital (case 201304738). Although he had significant ongoing medical problems, he was not properly assessed after falling in hospital and his fractured hip was not diagnosed early enough.  And in the third case, a man recently released from prison was not allowed to see a GP at a medical practice, although his mother had made efforts to enable him to do so (case 201305288).  Neither he nor his mother was told in advance that his registration with the practice had been cancelled. He died shortly afterwards from pneumonia, and his mother was concerned that he should have been able to see a GP.  I agreed that he should and was critical that he was prevented from doing so. I was also very critical of the practice’s handling of later correspondence after they first responded to the complaint, and of their failure to provide information to me during my investigation. As ever, I urge health boards and GP practices to read these cases, and ensure that they do everything possible to avoid similar errors in their own procedures and practices.

Rights under additional support for learning legislation
I also wish to draw attention to the issue of additional support needs, which is the subject in one of our published decision reports this month (case 201302996).  In this case I upheld a mother’s complaint about her child's additional support needs, and I want to remind providers that staff should advise about alternative dispute resolution in such cases.  The Education (Additional Support for Learning) (Scotland) Act 2004 makes provision for this.

In such cases, a parent has a right to access independent mediation and adjudication, and has the option of appealing to the Additional Support Needs Tribunal for Scotland.  The provider should always make a member of the public aware of this where there is a dispute about support, but in this case, the mother was not told about her rights under the legislation.

All providers should satisfy themselves that staff dealing with this are aware of the need to make members of the public aware of these rights, and of the alternative dispute resolution avenue, and to do so early in the process.

Read my overview and summary of this month's investigation reports in PDF (116KB) or via the links below.

"I do not consider it reasonable that a public body's inability to implement a scheme that body designed and planned has been allowed to blight the lives of individual members of the public for a nine-year period."
Communication, customer service
Scottish Water (201302982)
> Read full report (PDF, 170KB)
> Read summary (PDF, 34KB)

"I consider that the consent for Mrs C's operation was not properly obtained; that Consultant 1 did not appear to have the necessary expertise to undertake the difficult operation that Mrs C had agreed with Consultant 2; and that Consultant 1's recall was incorrect and/or the record keeping was deficient. I regard these matters as serious failings and it is of concern that such failings occurred."
Consent, clinical treatment, communication
Western Isles NHS Board (201302900)
> Read full report (PDF, 70KB)
> Read summary (PDF, 34KB)

"The clinical record details a number of discussions with the family about Mr A's care and his suitability for surgery. It is not clear why no attempt was made to discuss Mr A's resuscitation at this point. This meant Mr A was subjected to an extended attempt to resuscitate him … which significantly compromised Mr A's dignity."
Diagnosis, care of the elderly, adults with incapacity, resuscitation, complaints handling
Greater Glasgow and Clyde NHS Board (201304738)
> Read full report (PDF, 94KB)
> Read summary (PDF, 34KB)

"It is not possible within the scope of the investigation to say whether assessment by a GP could have led to a different outcome for Mr B, however, it is clear that he should have been seen and assessed at the Practice. ... I am not satisfied that the Practice's explanations provide any reasonable form of mitigation for their failure to respond appropriately to complaint correspondence and I am concerned by the lack of urgency that was apparent, even when my office became involved."
Clinical treatment, communication, complaints handling
A Medical Practice in the Greater Glasgow and Clyde NHS Board area (201305288)
> Read full report (PDF, 75KB)
> Read summary (PDF, 32KB)

Complaints Standards Authority

NHS model complaints handling procedure
We have previously reported on changes to the NHS complaints handling arrangements, with the Scottish Government committing to align the current NHS complaints arrangements with those in place in other sectors. The Complaints Standards Authority will work with boards and other stakeholders to develop a model complaints handling procedure (CHP) for the NHS, which is in line with the framework of the Patient Rights (Scotland) Act 2011 and takes account of the ‘Can I help you? guidance for handling and learning from feedback, comments, concerns or complaints.

The revised procedure will encourage more early local resolution of NHS complaints wherever this is possible.  In line with other model CHPs in operation across the public sector in Scotland, there will be two stages to the revised procedure - a distinct, five working day stage for early, local resolution of complaints, ahead of a 20 working day investigation stage.  These changes are intended to support NHS providers to improve outcomes for people using their services, by helping them to resolve more complaints quickly at the early stages, and improve performance in meeting the subsequent 20-day target.

We are currently engaging with the sector with a view to developing the NHS model CHP over 2015/16. Working together with NHS Education for Scotland, we are currently working through a program of ‘Master Class’ events for NHS Middle Managers as part of our engagement with complaints practitioners within the NHS sector.  Events have been held in Edinburgh and Glasgow, with further events scheduled for Aberdeen and Inverness.

Local Government
The local authority complaints handlers network met most recently in March.  Members considered a presentation on ‘Actively Managing Complaints’ as well as further analysis of the 2013/14 annual complaints reports, and held a complaints surgery, a standing item at each network meeting.  They also considered the key performance indicators and options for continuing to improve the way complaints performance information and learning is analysed and benchmarked across the sector.

Housing
The housing complaints handlers network will meet in Glasgow at the end of March, and will reflect on how the CHP has worked in practice and how registered social landlords can continue to improve their performance reporting and develop a performance and learning culture. The network will also hold a complaints surgery to facilitate sharing of learning and common issues and challenges and allow members to share good practice in complaints handling.

The network is run by the sector for the sector, and aims to identify, evaluate and share good practice in complaints handling.  It also seeks to compare and contrast complaints handling performance with a view to benchmarking and sharing the learning from complaints handling.

If you would like to attend future meetings of the housing complaints handlers network, please, in the first instance drop us an email to confirm to csa@spso.org.uk.  We will pass your details to the lead housing officers for the network. 

Further education
The further education complaints advisory group will host a workshop in May for benchmarking complaints performance in the sector. They will provide further details by early April.  The advisory group has agreed that, to allow for a meaningful baseline of annual complaints data, colleges will be asked to provide their data in a consistent format in advance of the workshop.  Again, further details will be provided by early April.

Higher education
The next meeting of the higher education complaints forum will take place on 23 April 2015 at the Paisley Campus of the University of the West of Scotland. 

As a reminder, we ask that higher education institutions that have not already done so to please provide us with their annual complaints report, or a link to their published annual complaints report online, by contacting us at csa@spso.org.uk 

For all previous updates, and for further information in relation to CHPs, visit our dedicated website www.valuingcomplaints.org.uk. The CSA can also be contacted directly at csa@spso.org.uk
 

Forthcoming SPSO Training Events

We are pleased to offer a new training course for 2015:

Managing Difficult Behaviour: 1 day open course

Wednesday 15 April 2015, in central Edinburgh

This course, new for 2015, is open to staff who might receive negative feedback from the public or other stakeholders. Participants will be given an opportunity to assess their own conflict styles and develop ways of managing their own personal ‘triggers’. We will consider a number of different theories and tools that can be helpful in managing conflict. The session will include a number of opportunities to put theory into practice and participants will be able to discuss their own particular concerns. Full course details are available on the SPSO Training Unit website.

Price: £180pp - to apply for the course, please email training@spso.org.uk

Complaint investigation skills (stage 2 of the model CHP): 1 day open course

Wednesday 27 May 2015, in central Edinburgh

Our next open training course for staff handling second-stage complaints (Investigation Skills) is on Wednesday 27 May 2015 in central Edinburgh. This is open to staff from all sectors under the SPSO’s jurisdiction. Full course details are available on the SPSO Training Unit website.

Price: £180pp - to apply for the course, please email training@spso.org.uk For more SPSO course information, please visit the SPSO Training Unit website: www.valuingcomplaints.org.uk/training-centre/

We also have a flyer available which details all of the training available from SPSO in 2015 (PDF, 40KB)
 

Save the date: SPSO Conference, Thursday 8 October 2015
With a range of keynote speakers, interactive workshops and cross-sector networking opportunities, our one-day conference will focus on helping you implement improvements to your complaints handling, quality assure your complaints responses, and maximise learning from complaints using root cause analysis.

Location: COSLA conference centre, Edinburgh (near Haymarket train station)
Price: delegate rate £150pp, including refreshments and conference materials.

Spaces will be limited, but to register your early interest or for more information, please contact training@spso.org.uk


Jim Martin, Ombudsman | 18 March 2015