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Simon Collyer
Local Government Ombudsman's Decisions
This are just some of the latest Local Government Ombudsmans decisions.
ttps://www.lgo.org.uk/decisions/adult-care-services/residential-care/17-016-743">Leonard Cheshire Disability (17 016 743)
Summary: Mr C complained about the care support and actions of the care home he lived. The Ombudsman decided to discontinue the investigation, because the matters complained about are being put before the Courts to consider.
https://www.lgo.org.uk/decisions/adult-care-services/charging/18-006-323">Essex County Council (18 006 323)
Summary: Miss X complains that the Council charged her sister, Miss Y when she had previously been exempt, and did not tell her. She says it kept changing the amount and allowed a debt of over £4,000 to build up. She says this caused Miss Y financial hardship and she has had to cancel her care. The Ombudsman finds no fault in the Council’s actions.
https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-007-829">North Yorkshire County Council (18 007 829)
Summary: Miss X complained about the time the Council took to respond to a complaint she made in December 2015. There was no fault in the Council’s actions.
https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-013-485">Blackpool Borough Council (18 013 485)
Summary: Mr B complains the Council did not respond correctly to safeguarding concerns raised about his father, Mr C and his father’s wife, Mrs C. Mr B complains the Council’s inaction left them at risk of harm. The Ombudsman finds fault with the Council. The Council has agreed to review its procedure for adding concerns onto its case management system and to pay Mr C £100 for the unnecessary risk of harm he was exposed to.
https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-018-470">Lancashire County Council (18 018 470)
Summary: The Ombudsman will not investigate Mr A’s and Ms B’s late complaint about the Council invoicing them for their mother’s, Mrs C’s, top up fees. This is because there is no good reason why Mr A and Ms B could not have come to the Ombudsman sooner if they were concerned about the way the Council assessed Mrs C or charged for a top-up to her care fees. There is no good reason for the Ombudsman to disapply the law to investigate this matter now.
https://www.lgo.org.uk/decisions/adult-care-services/domiciliary-care/17-017-383">Devon County Council (17 017 383)
Summary: The Ombudsman will not investigate Ms A’s complaint about care provided to her mother Mrs B. This is because the Council investigated Ms A’s complaints and has apologised for the anxiety and upset caused. Any further investigation by the Ombudsman would not be able to make a different finding of the kind Ms A wants.
https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-002-923">Telford & Wrekin Council (18 002 923)
Summary: there was no fault in the way the Council assessed Ms X’s eligible needs.
https://www.lgo.org.uk/decisions/adult-care-services/residential-care/18-017-668">Redcar & Cleveland Council (18 017 668)
Summary: The Ombudsman will not investigate Ms A’s complaint about the actions taken by the Council regarding her move to a residential care home. This is because there is not enough evidence of fault with the actions taken by the Council. He could not add to the Council’s response or make a finding of the kind Ms A wants even if he investigated.
https://www.lgo.org.uk/decisions/adult-care-services/charging/18-017-932">Stockton-on-Tees Borough Council (18 017 932)
Summary: The Ombudsman will not investigate Mr A’s complaint about the Council requesting information about his mother’s, Mrs B’s, finances before the NHS has completed an appeal process. This is because there is no evidence of fault with the actions taken by the Council warranting an investigation by the Ombudsman.
https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-018-058">Essex County Council (18 018 058)
Summary: The Ombudsman will not investigate Mr B’s complaint about the care service he receives. This is because there is no evidence of fault in the way the Council has reached its decision on Mr B’s care package so we would not be able to achieve the outcome Mr B was seeking.
https://www.lgo.org.uk/decisions/adult-care-services/domiciliary-care/18-018-400">Dorset County Council (18 018 400)
Summary: The Ombudsman will not investigate Mr A’s complaint about the actions of the Council. This is because any further investigation by the Ombudsman could not add to the Council’s response and the Ombudsman could not make a finding of the kind Mr A wants. The Court of Protection decided where Mr A’s wife should live and only the court can overturn this decision.
https://www.lgo.org.uk/decisions/adult-care-services/other/18-019-431">West Sussex County Council (18 019 431)
Summary: The Ombudsman will not investigate Mr A’s complaint about a carer failing to fulfil a care call. This is because Mr A has informed us he no longer wishes to pursue the complaint.
https://www.lgo.org.uk/decisions/adult-care-services/direct-payments/17-016-412">London Borough of Hillingdon (17 016 412)
Summary: Mrs F complains the Council failed to provide the care and support to meet her son’s eligible care needs. The Ombudsman has found fault causing injustice. The Council has agreed to apologise, make a payment and consider how to meet his needs.
https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-004-914">Darlington Borough Council (18 004 914)
Summary: The Council was at fault for the Care Provider’s failure to ensure its staff were familiar with Mrs X’s care plan prior to her falling in the care home in April 2017. The Council and the Care Provider have already taken action to remedy Mrs X’s injustice and to implement service improvements, so no further action is necessary. However, the Council was also at fault for a delay in its complaint investigation. It has agreed to apologise to Mrs X’s daughters, and to pay them £100 each to recognise their injustice.
https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-006-600">North Lincolnshire Council (18 006 600)
Summary: Miss B complained about delay by the Council in completing a care assessment and providing services to meet her needs. There is fault in the way the Council has dealt with the matter. The Council agreed to put some services in place as soon as possible, to arrange counselling for Miss B, pay her £200 and improve its procedures.
https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/18-007-451">Gloucestershire County Council (18 007 451)
Summary: Ms X complains on behalf of Miss C about the Council’s decision to reduce her care package and that her needs are not being met. The reduction means Miss C can no longer get the 1 to 1 support she wants to help her visit her family. There is no fault in how the Council assessed Miss C’s needs and used its professional judgement to decide how to meet those needs. The Council delayed in responding to Miss C’s complaint about this and when it did, it provided an incomplete response, which caused uncertainty for Miss C. The Council should apologise to Miss C for this. The Council has taken too long to review Miss C’s care plan following her complaint and has agreed to complete this without further delay.
https://www.lgo.org.uk/decisions/adult-care-services/other/18-015-172">Bolton Metropolitan Borough Council (18 015 172)
Summary: Miss X complains that the Council is not providing the support she needs. She says the Council referred her to an out-of-area advocacy service, breached her human rights by trying to discuss her personal information, failed to respond to her complaints, and failed to tell her about appointments. Miss X says this caused her significant stress. The Ombudsman does not find fault with the Council.
https://www.lgo.org.uk/decisions/adult-care-services/transport/18-016-346">London Borough of Harrow (18 016 346)
Summary: Ms X complains about the Council’s handling of her application for a blue badge. There is no evidence of fault affecting the Council’s decision on Ms X’s application.
https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-017-090">Barnsley Metropolitan Borough Council (18 017 090)
Summary: The Ombudsman will not investigate Miss X’s complaint that the Council failed to take adequate steps to safeguard her grandmother, Mrs Y. It is unlikely we would find fault by the Council in not stopping Mrs Y from returning home and we cannot remedy any injustice she may have suffered during the final weeks of her life.
https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/17-018-314">Birmingham City Council (17 018 314)
Summary: Ms P complained that a council and NHS Trust took too long to arrange her mother Mrs D’s discharge from hospital and did not do so properly. Then, they were forced to accept a care home which was known to provide poor care. Mrs D was neglected and abused there. The council did not respond properly and closed its safeguarding investigation without good cause. The Ombudsmen find that the Council and Trust delayed the discharge, and did not properly consider possible options. They caused the family to believe they had to accept a placement they did not want, or Mrs D would be forced to leave hospital the next week. The council gave them incorrect information about care costs. The council did not properly ensure Mrs D was safe after an alleged assault. The council closed the safeguarding enquiry without investigating properly and ensuring others were safeguarded. The Ombudsmen recommend actions to address this.
https://www.lgo.org.uk/decisions/adult-care-services/residential-care/17-010-364">Bupa Care Homes Limited (17 010 364)
Summary: Dr A complains about the care and treatment of his mother, Mrs B, in a Bupa Care Home and while under the care of a GP Practice. The Ombudsmen uphold part of the complaint against the Home for nutrition and falls risk assessment but not against the Practice.
https://www.lgo.org.uk/decisions/adult-care-services/residential-care/17-010-364a">The Red House Care Home (17 010 364a)
Summary: Dr A complains about the care and treatment of his mother, Mrs B, in a Bupa Care Home and while under the care of a GP Practice. The Ombudsmen uphold part of the complaint against the Home for nutrition and falls risk assessment but not against the Practice.
https://www.lgo.org.uk/decisions/adult-care-services/domiciliary-care/17-016-427">Stockport Metropolitan Borough Council (17 016 427)
Summary: The Ombudsmen found that NHS and social care organisations provided appropriate care to an elderly patient over several months in 2016. There is evidence of appropriate assessments and actions in line with relevant guidance.
https://www.lgo.org.uk/decisions/adult-care-services/safeguarding/18-005-430">Slough Borough Council (18 005 430)
Summary: The Ombudsmen will not investigate Mr U’s complaint about the conduct of Council staff during a safeguarding enquiry, as we are unlikely to find fault. The Ombudsmen will not investigate Mr U’s complaint about the treatment his mother received at the Trust, because he has started court proceedings against this organisation.
ABC Comment, have your say below:
People Experiencing Homelessness Set to Benefit from New Jobcentre Support
The Department for Work and Pensions has developed the training for Jobcentre Customer Service Managers with guidance from expert organisations, including Crisis, Homeless Link and Shelter.
The new coaching is aimed at ensuring people experiencing homelessness, and those at risk of becoming homeless, get access to all relevant services offered by the department.
The managers will also act as a point of contact for partner homelessness organisations in their local area, focusing on building relationships with them and ensuring people are signposted appropriately to additional, expert support.
This is in addition to the support already available, which includes helping homeless people to verify their ID to set up claims for benefits, assistance with opening bank accounts and pausing requirements to look for work so they can concentrate on finding stable housing.
Image: Rough sleeping is an issue that continues to present itself to a public that want something done.
Image: MP Will Quince, DWP junior minister.
Will Quince, Minister for Family Support, Housing and Child Maintenance, said:
“People experiencing homelessness are some of the most vulnerable in society and we are determined to help them access the best possible support and improve their lives.
“Our jobcentre work coaches do an excellent job providing a tailored service for homeless people, including finding secure housing and helping them claim Universal Credit. Our newly trained Customer Service Managers will be instrumental in sharing best practice and building crucial links to local organisations and to ensure a joined-up package of support for our claimants.”
Jon Sparkes, Chief Executive at Crisis, said: “Homelessness is something we know can be ended across the country with the right policies and solutions in place. The Jobcentre Plus network has a pivotal role to play in this; especially in identifying and responding to people’s housing needs quickly, ideally before they become homeless in the first place.
“The roll out of training to all staff represents a positive first step in ensuring people facing homelessness receive the right support at a time when they need it most. By helping to shape this training we hope it will ensure that front line jobcentre staff are better equipped work with people experiencing homelessness. This also provides a good foundation for potentially growing housing and homelessness expertise amongst dedicated staff in local jobcentres where there is greatest homelessness demand.”
Training will be fully completed across Great Britain by the end of August.
Jobcentre Customer Service Managers provide crucial support to customers with complex needs and will support work coaches to identify and recognise the needs of people who are experiencing homelessness.
The delivery follows a pledge to do so in the government’s rough sleeping strategy.
More information
Last year DWP created 2 guides specifically to help people experiencing homelessness access Universal Credit.
ABC Comment, have your say below:
ABC Wins a One Stop Convenience Store - Carriers for Causes, Grant
The ASSOCIATION OF PENSION & BENEFITS CLAIMANTS CIC (the ABC) has been awarded a £1,000 One Stop Carriers for Causes scheme grant to help purchase a projector, screen, roller banners and presentation material to enable the organisation to do talks.
Simon Collyer, the ABC founder, has appeared twice very recently on TV channel RT UK – formerly known as Russia Today. The latest interview was to publicize the launch of the Disability Benefits Consortium report, Has Welfare Become Unfair launched in the Attlee Suite at Portcullis House, in the Palace of Westminster. Over 50 MP’s responded to the invitation to attend the report launch and Simon was given an invitation to meet DWP Work and Pensions Committee member Neil Coyle MP, former DBC Co-Chair in the Houses of Parliament later in the summer.
‘This equipment will enable us to do talks to audiences’ says Simon, ‘from schools to youth clubs and so on’.
‘Going on TV to talk about Disability Benefits was the one of the most challenging things I have ever had to do’ said Simon. ‘It is a very technical subject – it felt like you have fourteen million disabled people and umpteen expert disability benefits experts from the 80 organisations in the Consortium - including organisations like Mencap and Parkinson’s UK, ALL watching you’.
Simon & sister Ruth as children studied speech and drama and elocution under legendary coach, Brightlingsea’s late Mrs Craig, passing exams, winning many medals and even finishing second in the Butlins National Talent finals in Bognor Regis, performing a Shakespearian duologue.
‘Thanks to One Stop convenience stores, with kit like this we can pass on ideas and inspiration about the world of work to others’ says Simon.
ABC Note: One Stop: is the only Tesco shop format in the UK that does not include the word Tesco in its name. The brand, along with the original shops, formed part of the T&S Stores business but, unlike many that were converted to Tesco Express, these kept their old name.
The Association of Pension & Benefits CIC (the ABC) was found-ed when we saw a need for an organization to represent those on state pensions and welfare benefits. This large community of millions of people are linked by a common circumstance.
We have 16,000 contacts, around 3,000+ articles on-line and daily we receive around a thousand emails from the EU, governments. politicians, pressure groups and NGOs.
This is growing weekly and people and major organisations are now finding us. With prediction of 75 million people around the globe potential losing their jobs due to technology and the changing way we work; the ABC is here to help this community and present of positive image of those in the 99% having to meet life’s challenges in a changing work environment.
ABC Comment, have your say below:
We Want Broadband But Now At Least We Have a Trench
We have been battling to get a landline installed in our new base. We placed an order with Virgin Media on April 2nd and moved on the 7th May. We have been waiting months.
There was what is called a wayleave construction issue. Permission was needed to dig a trench, but why so slow to even ask?
Image: All this to bring you the latest ABC news.
However, on the 23/07/2019 we were awakened to the sound of all kinds of mechanized trench digging kit making an incredible racked.
No warning, no notice, in an area that has children and pets.
Still we may not have broadband yet, but we have a magnificent trench. The roadway leads to a private car park. Had anyone’s car be in the car park, getting it out would have been an issue.
Our case is with the Centre for Dispute Resolution, the ombudsman.
ABC Note: If you have issues with an Internet service provider. CISAS (Communications & Internet Ajudication Scheme) is managed independently by Centre for Effective Dispute Resolution (CEDR), an Alternative Dispute Resolution Provider, certified by Ofcom, to resolve disputes related to communication and internet services. The service is free of charge to customers as required by the Communications Act 2003.
You have to apply to CISAS within 12 months of the date on which you reached deadlock with your communications provider. If your communications provider has never told you that it has reached deadlock with you, you can apply to CISAS once you have waited at least 8 weeks after you first complained to them.
Image: These guys don't hang around. All done in two hours.
ABC Comment, have your say below:
UK Tax Is It Fair?
No one likes paying tax for sure, but ABC founder Simon Collyer has argued in a television channel, RT UK interview recently - a section not yet shown - that benefits and state pensions are not particularly generous in the UK. Our problem is that the amount of tax we are bringing in compared to GDP is on the low side, having fallen in recent years.
Looking at the OECD graphs one can clearly see that out taxation is skewed towards the individual both in income taxes and VAT. The latter hits everyone, especially those on low incomes.
The rich are increasingly avoiding paying tax through the use of offshore accounts in low tax jurisdictions. The list of tax haven countries includes Andorra, the Bahamas, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, the Channel Islands, the Cook Islands, Hong Kong, The Isle of Man, Mauritius, Lichtenstein, Monaco, Panama, and St. Kitts, and Nevis.
Image: The UK's tax take is not excessive compared to ther countries.
The Tax Foundation have this to say:
In 1980, corporate tax rates around the world averaged 38.84 percent and 46.63 percent when weighted by GDP. Since then countries have recognized the impact that corporate taxes have on business investment decisions so that in 2018, the average is now 23.03 percent and 26.47 when weighted by GDP for 208 separate tax jurisdictions.
Declines have been seen in every major region of the world including in the largest economies. The recent tax reform in the United States brought the statutory corporate income tax rate from among the highest in the world closer to the middle of the distribution. Whereas in 2017 the United States had the fourth highest corporate income tax rate in the world, it now ranks towards the middle of the 208 countries and tax jurisdictions surveyed.
European countries tend to have lower corporate income tax rates than countries in other regions, and many developing countries have corporate income tax rates that are above the worldwide average.
Image: Companies that already set-off capital equipment and brought forward losses, pay much lower rates of tax.
Today, most countries have corporate tax rates below 30 percent.
In general, large industrialized nations tend to have higher statutory corporate income tax rates than developing countries.
The worldwide average statutory corporate income tax rate, measured across 208 jurisdictions, is 23.03 percent. When weighted by GDP, the average statutory rate is 26.47 percent.
The average top corporate rate among EU countries is 21.68 percent, 23.69 percent in OECD countries, and 27.63 percent in the G7.
Europe has the lowest regional average rate, at 18.38 percent (25.43 percent when weighted by GDP). Conversely, Africa has the highest regional average statutory rate, at 28.81 percent (28.39 percent weighted by GDP).
The worldwide average statutory corporate tax rate has consistently decreased since 1980, with the largest decline occurring in the early 2000s.
The average statutory corporate tax rate has declined in every region since 1980.
The rich it seems, really do get the pleasure while the poor get the pain.
ABC Comments, have your say below:
Minister Amber Rudd In the Hot Seat for the Final DWP Work & Pensions Committee Meeting
Work and Pensions Committee
Wednesday 24 July 2019 Meeting starts at 9.50am
Witnesses: Ged Nichols, General Secretary, Accord, and Dominic Hook, National Office for Finance, Unite the Union
Subject: The work of the Secretary of State for Work and Pensions
Witnesses: Rt Hon Amber Rudd MP, Secretary of State for Work and Pensions, Department for Work and Pensions
Amber Rudd will be in the hot seat for what could be her last outing as DWP minister. Universal Credit is causing massive distress and the recent death of father of three Phillip Herron, 34 is highlighting the problems UC is causing, leaving people destitute and in many instances facing eviction.
This is the last chance before the summer recess for the DWP Committee to tackle the minister about the failings of Universal Credit and the problems it is causing.
ABC Comment, have your say below:
Job Board Giant Jooble Joins the ABC Website
At the ABC we are very pleased to announce the arrival of top job board, Jooble to our website.
Please bear with us as our Virgin Media broadband is still not installed, though the matter is now with the ombudsman. It makes doing anything beyond adding content hard work. There is lots we want to do on the website that will have to wait.
You will find the Jooble entry under 'Employment', though later it will be under a (sub-heading) Job Board catagory.
So who are Jooble?
Jooble, based in the Ukraine with a registered office in Cyprus - is one site where you can search jobs across the whole Internet.
Jooble is the same search engine with a small difference: it's designed for a job search. Jooble's search engine enables you to search jobs on the major job boards and career sites across United Kingdom and of course the globe as the ABC is attracting an international audience.
Jooble automatically filters out duplicated jobs, so similar jobs, posted on several career sites, are shown as a single one. When performing a search, pay attention to our filters panel on the left side of the screen. It will help customize your personal search results and find a desired job.
Jooble finds relevant jobs in few seconds and saves your time.
You can find the Jooble entry in the directory under Employment.
Personally we just love their offices in the Ukraine. We love the warmth of wood contrasting with the metalic interior of the disused factory/warehouse.
Info: Joobles offices, fun and function.
Image: One small step for man, one giant leap for mankind (joining the ABC website of course).
For searching around the world, click on this link:
PLEASE click on the logo below to go to the Jooble UK website.
You will find the ABC banner on Joobles website:
ABC Comments, have your say below:
Busy Week in Parliament As The Summer Recess Looms
A busy week in politics this one. At 16:00 on Monday 22nd, the Lib Dems announce their new leader. At 17:00 voting closes in the Conservative Party leadership election. Tuesday 23rd and the new Conservative leader will be announced. On Wednesday 24th Amber Rudd appears before the DWP Select Committee – which we intend to cover on the ABC website and at 12:00 PM Theresa May makes her final speech before stepping down. On Thursday 25th Parliament goes into Summer Recess at about 16:00.
ABC Comments, have your say below:
DWP Advertising Bill Up 700% In Two Years Amid Overwhelming Criticism
The UK government spent over £4 million attempting to “airbrush” crisis-hit Universal Credit last year, with advertising spending increasing by a staggering 700% in two years.
According to figures obtained by a Freedom of Information request by the SNP, the DWP spent a total of £4,059,109 advertising Universal Credit in 2018/19 – compared with just £511,227 in 2016/17.
This week, the Advertising Standards’ Authority launched a formal investigation into the DWP over claims that adverts which appeared in the Metro newspaper, amongst others, were “deliberately misleading.”
Commenting, Bob Doris MSP said:
“These figures are frankly insulting for those struggling on Universal Credit – an ill thought-out welfare scheme which has forced families into debt, rent arrears, foodbanks and destitution.
“The DWP has ploughed ahead with the botched roll-out of Universal Credit, despite all the warnings they’ve received.
“Now they’re trying to airbrush the utter failure of their flagship welfare policy - spending millions of taxpayers’ money on a one-sided advertising campaign which is now under investigation for being misleading.
“Rather than face up to the overwhelming criticism of their botched reform and fix Universal Credit, the Tories have decided to push their PR operation into overdrive.
“Westminster have shown us time and time again that they are totally out-of-step with the needs and priorities of Scotland. The Tory government clearly can’t be trusted to look after the most vulnerable in society.”
ABC Note: Please find below total amount spent on advertising broken down by year and channel since 2016:
Financial year 2016/17
Channel Spend Media - Digital advertising £81,107 Media - Radio £124,883 Media - Press £114,927 Media – Out of Home £190,310
Total £511,227
Financial year 2017/18
Channel Spend Media - Digital advertising £828,839 Media - Radio £299,828 Media - Local Press £64,224 Media – Out of Home £499,950
Total £1,692,841
Financial year 2018/19
Channel Spend Media – Digital advertising £2,197,042 Media – Out of Home £1,100,105 Media - Radio £526,533 Media - Local Press £235,429
Total £4,059,109
ABC founder Simon Collyer appeared on TV Channel, RT UK recently, to discuss misleading DWP advertising: https://www.abcorg.net/item/2825-the-abc-appears-on-rt-tv-s-early-evening-news
ABC Comment, have your say below:
Universal Credit Claims Yet Another Victim
A single dad of three Phillip Herron, 34 with £4.61 in the bank wept as he killed himself after waiting weeks for Universal Credit. Some of his loans were payday loans with 1,000 % interest, alleged the Sun newspaper that carried this story.
Mr Herron applied for government help but had to wait a month for Universal Credit which drove him even deeper into debt.
In a final act he uploaded a picture of himself crying to social media as he sat in his car on a quiet country lane on March 18. Then just minutes after taking the photo he ended his life. Phillip felt his family would be better off without him.
Mr Herron had quit his job as a factory worker recently to look after his young kids and he got into debt, which was exacerbated by the wailing time to get Universal Credit.
This is a tragic story yet one that is sadly all too familiar. If you are feeling very low and anxious do seek help and advice. There are local services that assist people such as the Peabody Trust in Essex. Always seek help. Many people are in Mr Herron's situation. You are not alone.
ABC Comments, have your say below: