Asked by: Sarah Edwards (Labour - Tamworth)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what assessment she has made of the effectiveness of the Local Government and Social Care Ombudsman.
Answered by Jim McMahon
The Local Government and Social Care Ombudsman underwent an independent peer review in 2023-24 facilitated by the International Ombudsman Institute. The review and the LGSCO’s response to its recommendations can be found on the LGSCO’s website.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government how many residents of care homes have been evicted as a result of the resident, a relative or a friend raising concerns about the standards of care in the past five years.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department does not hold data on evictions from care homes as a result of raising concerns about standards of care.
Guidance on complying with the Consumer Protection Act issued by the Competition and Markets Authority advises that discrimination or victimisation against complainants, including through an eviction, is likely to breach consumer law. Where providers fail to treat residents and their representatives fairly and infringe consumer law, enforcers, residents, and other compliance partners may take action against them.
In addition, by law, all health and social care services must have a procedure for dealing efficiently with complaints, and anyone who has seen or experienced poor-quality care has the right to complain to the organisation that provided or paid for the care. If they are not satisfied with the way a provider or local authority has dealt with a complaint, they may escalate it to the local government and Social Care Ombudsman who can investigate individual concerns.
The Care Quality Commission (CQC) also encourages the public to share their experience through an online feedback mechanism, called give feedback on care, which allows individuals to raise concerns about the services they receive from providers. While the CQC does not have power to intervene in decisions providers’ make to issue a ‘notice to quit’ they do review how providers handle complaints as part of their assessments. The CQC takes this matter seriously, and continues to look at ways to improve both their analysis of provider data and the incorporation of individual feedback into their assessments.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they will ensure that the Care Quality Commission considers complaints and concerns from a resident, a relative or a friend in cases of a resident being evicted from a care home after concerns were raised about the standards of care.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department does not hold data on evictions from care homes as a result of raising concerns about standards of care.
Guidance on complying with the Consumer Protection Act issued by the Competition and Markets Authority advises that discrimination or victimisation against complainants, including through an eviction, is likely to breach consumer law. Where providers fail to treat residents and their representatives fairly and infringe consumer law, enforcers, residents, and other compliance partners may take action against them.
In addition, by law, all health and social care services must have a procedure for dealing efficiently with complaints, and anyone who has seen or experienced poor-quality care has the right to complain to the organisation that provided or paid for the care. If they are not satisfied with the way a provider or local authority has dealt with a complaint, they may escalate it to the local government and Social Care Ombudsman who can investigate individual concerns.
The Care Quality Commission (CQC) also encourages the public to share their experience through an online feedback mechanism, called give feedback on care, which allows individuals to raise concerns about the services they receive from providers. While the CQC does not have power to intervene in decisions providers’ make to issue a ‘notice to quit’ they do review how providers handle complaints as part of their assessments. The CQC takes this matter seriously, and continues to look at ways to improve both their analysis of provider data and the incorporation of individual feedback into their assessments.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what discussions they will have with the Care Quality Commission about action that can be taken to prevent care homes from evicting residents because the resident, a relative or a friend has raised concerns about the standards of care.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department does not hold data on evictions from care homes as a result of raising concerns about standards of care.
Guidance on complying with the Consumer Protection Act issued by the Competition and Markets Authority advises that discrimination or victimisation against complainants, including through an eviction, is likely to breach consumer law. Where providers fail to treat residents and their representatives fairly and infringe consumer law, enforcers, residents, and other compliance partners may take action against them.
In addition, by law, all health and social care services must have a procedure for dealing efficiently with complaints, and anyone who has seen or experienced poor-quality care has the right to complain to the organisation that provided or paid for the care. If they are not satisfied with the way a provider or local authority has dealt with a complaint, they may escalate it to the local government and Social Care Ombudsman who can investigate individual concerns.
The Care Quality Commission (CQC) also encourages the public to share their experience through an online feedback mechanism, called give feedback on care, which allows individuals to raise concerns about the services they receive from providers. While the CQC does not have power to intervene in decisions providers’ make to issue a ‘notice to quit’ they do review how providers handle complaints as part of their assessments. The CQC takes this matter seriously, and continues to look at ways to improve both their analysis of provider data and the incorporation of individual feedback into their assessments.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what action they will take to prevent care homes from evicting residents because the resident, a relative or a friend has raised concerns about the standards of care.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department does not hold data on evictions from care homes as a result of raising concerns about standards of care.
Guidance on complying with the Consumer Protection Act issued by the Competition and Markets Authority advises that discrimination or victimisation against complainants, including through an eviction, is likely to breach consumer law. Where providers fail to treat residents and their representatives fairly and infringe consumer law, enforcers, residents, and other compliance partners may take action against them.
In addition, by law, all health and social care services must have a procedure for dealing efficiently with complaints, and anyone who has seen or experienced poor-quality care has the right to complain to the organisation that provided or paid for the care. If they are not satisfied with the way a provider or local authority has dealt with a complaint, they may escalate it to the local government and Social Care Ombudsman who can investigate individual concerns.
The Care Quality Commission (CQC) also encourages the public to share their experience through an online feedback mechanism, called give feedback on care, which allows individuals to raise concerns about the services they receive from providers. While the CQC does not have power to intervene in decisions providers’ make to issue a ‘notice to quit’ they do review how providers handle complaints as part of their assessments. The CQC takes this matter seriously, and continues to look at ways to improve both their analysis of provider data and the incorporation of individual feedback into their assessments.
Asked by: Alberto Costa (Conservative - South Leicestershire)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, whether his Department has made an assessment of the potential merits of introducing an independent appeal or review mechanism for complainants who are dissatisfied with decisions made by the Local Government and Social Care Ombudsman.
Answered by Jim McMahon
The Local Government and Social Care Ombudsman's decisions on complaints are typically final, and can only be challenged through the courts on points of law. The government has no plans to change this.
Asked by: Jodie Gosling (Labour - Nuneaton)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what steps she is taking to help ensure that councils are accountable to their constituents during complaints processes.
Answered by Jim McMahon
Councils should follow the Local Government and Social Care Ombudsman’s Complaint Handling Code, which sets out how complaints should be considered fairly and effectively.
Residents dissatisfied with their complaint outcome can refer their complaint to the Ombudsman who will independently look at whether public services are being delivered properly.
Asked by: Neil Duncan-Jordan (Labour - Poole)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, whether her Department has put enforcement procedures in place for local authorities that do not follow their statutory duties under the Homelessness code of guidance for local authorities, published on 22 February 2018.
Answered by Rushanara Ali
The Ministry of Housing, Communities and Local Government is responsible for setting the national framework for housing, including the legislation and Homelessness Code of Guidance to which councils must have regard.
Compliance with legislation, guidance, and the statutory homelessness duties rests with local councils. It is the responsibility of the Local Government and Social Care Ombudsman to investigate individual complaints and take action where they consider councils have not applied their duties correctly.
Asked by: Baroness Lawrence of Clarendon (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what plans they have to monitor the national minimum allowance for foster carers and ensure that all local authorities pay at least these rates.
Answered by Baroness Smith of Malvern - Minister of State (Department for Work and Pensions)
The department is considering the possible benefits and costs of a national register of foster carers as part of our wider work in reforming the children’s social care sector. There are a range of proposals for such a register, all of which require careful consideration.
The national minimum standards for fostering sets out a clear minimum expectation that all “foster carers should receive at least the national minimum allowance for the child, plus any necessary agreed expenses”.
In January 2025, we shared information about how to report underpayment of the national minimum allowance to the Local Government and Social Care Ombudsman (LGSCO) for investigation. The LGSCO have reassured us that they will investigate any reports of underpayment raised with them and ensure action is taken to rectify this.
Fees paid to foster carers are not determined by the government. Instead, fostering services set their own rates based on various factors, such as the skills of the foster carer and the level of support the child requires. The department currently has no plans to carry out a comprehensive review of foster care fees. We encourage local authorities to work together to develop consistent regional offers of financial support to foster carers.
Asked by: Baroness Lawrence of Clarendon (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what plans they have to carry out a comprehensive review of foster carer fees.
Answered by Baroness Smith of Malvern - Minister of State (Department for Work and Pensions)
The department is considering the possible benefits and costs of a national register of foster carers as part of our wider work in reforming the children’s social care sector. There are a range of proposals for such a register, all of which require careful consideration.
The national minimum standards for fostering sets out a clear minimum expectation that all “foster carers should receive at least the national minimum allowance for the child, plus any necessary agreed expenses”.
In January 2025, we shared information about how to report underpayment of the national minimum allowance to the Local Government and Social Care Ombudsman (LGSCO) for investigation. The LGSCO have reassured us that they will investigate any reports of underpayment raised with them and ensure action is taken to rectify this.
Fees paid to foster carers are not determined by the government. Instead, fostering services set their own rates based on various factors, such as the skills of the foster carer and the level of support the child requires. The department currently has no plans to carry out a comprehensive review of foster care fees. We encourage local authorities to work together to develop consistent regional offers of financial support to foster carers.