Asked by: Alex Norris (Labour (Co-op) - Nottingham North)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what recent assessment she has made of the adequacy of processes for social care users to (a) acquire the care they need and (b) file complaints.
Answered by Helen Whately - Minister of State (Department of Health and Social Care)
The Government has made up to £8.1 billion available over this year and next to strengthen adult social care provision with the aim of ensuring everyone can access high quality care that enables choice, control and independence.
Local Authorities are responsible for the delivery of social care. Local authorities must assess individuals’ care and support needs and, where the person is eligible, meet those needs. Where individuals do not meet the eligibility threshold, they can get support from their local authorities in making their own arrangements for care services, as set out in the Care Act 2014.
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 an individual is 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.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what information his Department holds on the number of complaints that have been made to the Care Quality Commission about social care providers in the last 12 months; and if he will make a statement.
Answered by Helen Whately - Minister of State (Department of Health and Social Care)
Over the last 12 months, the Care Quality Commission (CQC) received 31,904 complaints related to adult social care services. The CQC does not have legal powers to resolve complaints, but it uses the information it receives from complaints to help shape its regulatory activity.
People receiving care have a right to complain to the organisation that provided or paid for the care. By law, all health and social care services must have a procedure for dealing efficiently with complaints. In the first instance, a complaint should be made to the service provider. If the care is funded or arranged by a local council, a complaint can be made to them as well. If someone has made a complaint to the care provider or local council and are unhappy with the response, they can make a complaint to the Local Government and Social Care Ombudsman.
My Rt. Hon friend, the Secretary of State for Health and Social Care, does not intend to make a statement at this time.
Asked by: Mark Hendrick (Labour (Co-op) - Preston)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has made an assessment of the implications for his policies of the findings of the Annual Review of Local Government complaints in England for 2022-2023, published on 26 July 2023, on trends in the number of upheld complaints for (a) special educational needs and disabilities provision for children and young people, (b) adult care services and (c) housing.
Answered by Lee Rowley - Minister of State (Minister for Housing)
The Local Government and Social Care Ombudsman's Annual Review of Local Government Complaints forms one part of the wider intelligence on the health of the local government sector, including on emerging trends, which the Ombudsman provides the Department. We are grateful for the Ombudsman's ongoing valuable work to improve public services.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether he has taken recent steps to (a) review the level of satisfaction and (b) seek views on how better to resolve the disputes of patients using the complaints systems in the NHS.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
National Health Service complaints are initially handled at a local level, so learning lessons from complaints, including the levels of satisfaction or how to improve complaints resolution, is led by the relevant local NHS organisation. At a national level, the Government is working with stakeholders to improve the way the NHS listens to and responds to complaints, including through the NHS Complaint Standards. The NHS Complaint Standards were developed by the Parliamentary and Health Service Ombudsman by drawing on their experience of patient complaints and in collaboration with stakeholders, and they provide guidance to the NHS on a model complaint handling service, which includes a particularly focus on early resolution and on learning from complaints.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, if he will bring forward legislative proposals to enable local authorities to apply sanctions to councillors found to have broken the Local Government Association’s model code of conduct.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, with reference to the Government response to the Committee on Standards in Public Life review of local government ethical standards, published on 18 March 2022, if he will make an assessment of the potential merits of reviewing that response and implementing the recommendations of the review.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, how many complaints were submitted to the Local Government and Social Care Ombudsman about council officers in the last 12 months.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what mechanisms exist to ensure that in cases which are referred to local government monitoring officers, full and fair consideration is given to the legal merits of the case; and if he will make an assessment of the extent to which the difficulty and expense to a member of public of seeking a Judicial Review of the decision in such a case may be impeding access to justice.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what steps his Department is taking with local authorities and their representative organisations to help ensure that local government is supported in reinforcing its reputation for ethical local standards.
Answered by Lee Rowley - Minister of State (Minister for Housing)
In a democracy, it is crucial that elected members in local government inspire confidence and have the trust of the electorate. All local authorities must have a member code of conduct. Councils can decide what their local codes cover, although they must as a minimum conform to the seven ‘Nolan’ principles of standards in public life.
The Committee on Standards in Public Life review of Local Government Ethical Standards recommended strengthening the local government standards system with a range of legislative amendments. The Government response noted that some do not need legislation and can be better taken forward as best practice. We made commitments in response to the review, including on strengthening sanctions, and will engage with local authority representative organisations in due course.
Councils have a number of options if councillors breach the code of conduct, including formal rebuke, removal of portfolio responsibilities and representative roles, and requiring members to undertake training.
It is the role of the Monitoring Officer to ensure that the council complies with the law and their own stated policies and procedures at all times. The Localism Act 2011 requires local authorities to appoint at least one Independent Person to assist the Monitoring Officer in investigations into code of conduct breaches.
The Local Government and Social Care Ombudsman investigates complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities. Concerns about the conduct of local authority officers may be taken into account as part of an investigation into a complaint about the local authority. The Ombudsman does not, however, consider complaints solely about the behaviour of officers – such complaints are a matter for the local authority as the employer.
Asked by: Feryal Clark (Labour - Enfield North)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether he has plans to improve the NHS complaints system.
Answered by James Morris
The Government is working with the Parliamentary and Health Service Ombudsman (PHSO) to improve the complaints process in the National Health Service. The PHSO’s NHS Complaints Standards provide guidance for complaints handlers, including how complaints and concerns can be responded to efficiently and effectively. Following the launch of the NHS Complaint Standards in 2021, the PHSO is currently developing and piloting supporting materials and training with a range of NHS organisations, to embed the Standards in local complaints processes. This is due for completion by the end of 2022, with the final materials deployed in the NHS in 2023.