Complaints Review Committee - 22/07/2014

At a MEETING of the COMPLAINTS REVIEW COMMITTEE held at Dundee on 22nd July, 2014.

Present:-

Mr Thomas TAIT, Chairperson, in the Chair.

Unless marked thus * all items stand delegated.

I CHAIRPERSON - APPOINTMENT

It was reported that in accordance with the Council's Scheme of Delegation to Officers, the Chief Executive had appointed Mr Thomas Tait, Chairperson of the Complaints Review Committee.

The Committee noted accordingly.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 5 and 7 of Part I of Schedule 7A of the Act.

II DECLARATION OF INTEREST

There were no declarations of interest.

III CASE NO DCC 1/2014

The Committee considered a complaint which had been made by a Complainant requesting a review in relation to the actions taken by the Social Work Department.

These complaints were as follows:-

The Committee gave consideration to written submissions from the Complainant and on behalf of the Social Work Department including correspondence, copies of which had been circulated.

The Committee also heard oral representations by the Complainant and the representative of the Social Work Department and witnesses called on both sides.

Having considered the complaints, reviewed the correspondence and written submissions before them, and having regard to the oral representations, the Complaints Review Committee agreed that the following be recommended to the Social Work and Health Committee:-

(i) that in relation to Complaint One - Allegation of theft - that this complaint be partially upheld as based on the evidence provided, there was no information to conclude that there had been an irregularity of money in relation to the accounts held by the service user and that it be noted that the Social Work Department had also upheld this part of the complaint at the previous stage of the complaints process and that the concerns of the Committee in relation to the non-conveyance of this to the Complainant and the service user upon first investigation be noted.

The Committee also observed that the recording of information on allegations should be done with great care so as to avoid such matters being accepted as fact;

(ii) that in relation to Complaint Two - Demonstrated unacceptable behaviour - that this complaint not be upheld. However, the Committee acknowledged that personal contact from the Social Work Department with the Complainant given their demeanour may have been more effectively managed such as the handling of supervised visits and the conveyance of sensitive information;

(iii) that in relation to Complaint Three - Not allowing service user to go home with Complainant - that this complaint not be upheld and that it be noted that the discharge of any patient from an NHS setting was the responsibility of NHS Tayside;

(iv) that in relation to Complaint Four - Informed hospital Complainant was not next of kin - that this complaint be upheld and that it be noted that the Social Work Department could have recognised the Complainants position by virtue of being next of kin and in this respect the Complainant may have been communicated with more effectively from the Social Work Department on any particular reason as to limitation of visits or non-visits to the service user within the hospital setting;

(v) that in relation to Complaint Five - Failing to address concerns of Complainant over medication given to service user - that this complaint not be upheld and that the observations of the Committee in relation to the role of the Social Work Officer in those circumstances be examined as to whether or not they could have opportunity to give comment to what they perceive to be the condition of any given patient; and

(vi) that in relation to Complaint Six - Failing to obtain certificates - That this complaint be upheld in as far as the Committee considered that the certificates should be obtained in respect of the welfare element of the Power of Attorney. The Committee also observed that the Social Work Department may seek to clarify terms of Power of Attorney and that in certain circumstances that these qualified both financial and welfare elements to ensure correct application and effective carrying out of the requirements of any given Power of Attorney.

Thomas TAIT, Chairperson.