Ombudsman's findings - March 2025

Date of article: 19/03/2025

Daily News of: 19/03/2025

Country:  United Kingdom - Scotland

Author: Scottish Public Services Ombudsman

Article language: en

 

In this month’s edition of the Ombudsman’s findings, we discuss the impact of our recommendations.

This month we published decision reports from 20 complaints. Eighteen were about health services, one about local government and one about prisons. The outcome of these 20 complaints were

  • Fully upheld: 15
  • Some upheld: 3
  • Not upheld: 2

We made 68 recommendations for learning and improvement.

Recommendations 

The Ombudsman can investigate complaints about public services when something has gone wrong, such as:

  • A service not being provided properly.
  • A service that should have been provided was not.
  • An organisation that acted unfairly or made mistakes in how it handled something.

Put simply, we can check how a decision was made—making sure the correct process was followed. If the decision itself was made properly, we cannot challenge it (except in cases about the NHS or social work).

However, even if we cannot overturn a decision, we can still provide individual remedies for complainants.

In one case, we asked the Scottish Prison Service to reconsider a prisoner’s lost property claim. We found that their assessment of the lost property claim was unclear and took a significant amount of time to complete.

In another case, we asked a council to refund the administration fee of communal repairs at a tenement in which the complainant owned a property. While the complainant was liable for the work, we found that the council failed to follow their own processes and relevant legislation. 

As well as outcomes for the complainant, we can recommend improvements, and ensure organisations learn from complaints. Our work helps to drive positive change, prevent future issues, and make sure people are treated fairly.

Our published decision reports can be read on our website.

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National Ombudsman visits Wolverhampton

Date of article: 05/03/2025

Daily News of: 19/03/2025

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

Article language: en

National Ombudsman visits Wolverhampton KHoward Wed, 03/05/2025 - 20:05 5 March 2025

Parliamentary and Health Service Ombudsman (PHSO) Rebecca Hilsenrath KC is visiting Wolverhampton to hear from MPs, NHS staff, charities and advocacy groups about local issues and discuss how people can get justice when things go wrong in public services.    

The Ombudsman looks into complaints about the NHS in England and services provided by the UK Government and its agencies.   

Over the past year, the Ombudsman has highlighted issues around the Windrush Compensation Scheme, mental health care, Do Not Attempt Cardiopulmonary Resuscitation orders, and communication of changes to women’s State Pensions.   

On Thursday, March 6, Ms Hilsenrath will visit The Royal Wolverhampton NHS Trust to learn more about the complaints the Trust receives, the way it handles complaints, and how it learns from them to make positive changes. Last year, the Trust won the Patient Experience Network’s Making Complaints Count award for work around learning from complaints about end-of-life care.   

The Ombudsman will also visit the maternity ward to see how staff work on the frontline and hear from patients directly.  

The following day, the Ombudsman will hold a roundtable with two of Wolverhampton’s MPs, Warinder Juss and Sureena Brackenridge, and representatives from organisations including the Department of Work and Pensions, and Healthwatch Wolverhampton who have helped to coordinate the visit.  

There will be workshops for people working in the voluntary, community and social enterprise sector to help them better support people who use their services to effectively make complaints and seek justice when things go wrong in public services.  

Parliamentary and Health Service Ombudsman Rebecca Hilsenrath KC said: 

My colleagues and I are delighted to be in Wolverhampton to hear directly from people working in the NHS and in the local community about their success stories and the challenges they and the people they serve face with public services.  

 

“When things go wrong in public service, it is important that they are put right for the people affected and that there is learning so that it doesn’t happen again. But neither of these things can happen without people speaking up and making a complaint.  

 

“Complaints can highlight previously unknown issues, bring closure for individuals and improve public services for everyone. They are a powerful tool in holding organisations to account and driving meaningful, positive change. We are here in Wolverhampton to learn and share ideas about how we can help people to feel confident about making complaints when things go wrong. This will lead to lasting change for the benefit of all.”  

Stacey Lewis, Service Manager at Healthwatch Wolverhampton, said:

We welcome the PHSO visit to Wolverhampton, and we are pleased to be part of a day of activity to help more people have a stronger voice in their care. It is a timely event as our local Healthwatch is part of a current campaign encouraging people to Share for Better Care.

 

“The PHSO plays a very important role in using feedback to drive improvements in health and care. This opportunity will not only help to educate and empower those supporting residents to effectively make complaints, but it will allow them to see why health and social care services such as our local hospital trust value their feedback.” 

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Hospital did not disclose DNACPR order until after grandfather’s death

Date of article: 11/03/2025

Daily News of: 12/03/2025

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

Article language: en

The family of a man who died in hospital only discovered after his death that a Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) order had been put in place.

An investigation by the Parliamentary and Health Ombudsman (PHSO) found that Barts Health NHS Trust failed in its duty to tell Ali Asghar and his family about the order. 

A DNACPR order means that, if someone’s heart or breathing stops, doctors will not attempt resuscitation. The decision is made by a doctor and does not require patient consent but a patient must be informed if they have capacity. If they do not have capacity their next of kin must be informed.

The Ombudsman is urging all healthcare providers to make sure their teams are trained to have these crucial conversations about end-of-life care in a timely and sensitive manner.

In 2024, the Ombudsman published a report that found many people are not told as a matter of course that a DNACPR decision has been made. 

Ombudsman Rebecca Hilsenrath said:

End-of-life care is so important in providing dignity, empathy, and compassion to both the patient and their family during the most difficult of times. It is therefore vital that these crucial discussions are held in the right way and at the right time. 

 

“It is a legal requirement that a doctor has a conversation with a patient or their family about DNACPR. Failing to do so is a breach of human rights. In a report published last year, we found that these conversations were not always happening. This must improve as a matter of urgency. 

 

“We made a series of recommendations to enhance the communication surrounding DNAPCR so that doctors, patients and their loved ones can make informed choices. These recommendations have been welcomed by healthcare leaders and we are working with the Government to explore how they can be implemented on the frontline so that patients and their families are involved in discussions critical to their future care.”

In its recent investigation, PHSO looked at the case of Ali Asghar, a 73-year-old grandfather from East Ham. 

A few days after testing positive for COVID-19 in January 2021, he was struggling to breathe and taken by ambulance to Newham University Hospital. A chest X-ray showed that Ali had COVID pneumonia, a lung infection caused by COVID-19. A DNACPR order was put in place that day. 

The reasons for the order were cited as a stroke he had experienced the year before, his frailty and the severity of his illness.

Ali was not told that the order had been made. His wife, Firdose Asghar, and family only found out about the order following his death six days after he was admitted to hospital.

The Ombudsman found that while the DNACPR order was appropriate, the Trust failed to consult about it with the patient or the family beforehand. 

PHSO found no evidence to suggest that Ali lacked the mental capacity to discuss the order at the time. 

Their investigation also revealed that the Trust failed to allow his family to visit when it was clear that Ali’s health was deteriorating. Ali was not assessed for malnutrition and there were further failings with the Trust’s complaint-handling.

The Ombudsman did not find any failings with other issues raised by Firdose, including how staff responded to Ali’s calls for assistance, the provision of drink and pain medication, communication with his family about his condition and not allowing Ali to go home. 

PHSO recommended that the Trust acknowledge its failings, apologise to Ali’s family and pay them £700 for the upset and distress caused.

PHSO also recommended that the Trust takes action to remind its doctors to follow DNACPR guidance. The Trust has complied with all recommendations.

Firdose, 66, said:

I was shocked when I found out about the DNACPR order. It feels like they went behind our backs to make this important decision, without even a phone call to us when I was calling them multiple times a day to ask about his wellbeing.

 

“The hospital staff never asked us what we wanted to do in that scenario and they didn’t allow us to visit him. If he was confused and deteriorating, we could have been there with him and maybe we could have accepted his passing more easily. Losing someone is hard enough but these failings in his care and the lack of communication have just added to our pain.

 

“When I raised my concerns with Barts Health NHS Trust, they did not take any responsibility and that made me angry. I took my complaint to the Ombudsman because I wanted justice for my husband and some kind of closure.

 

“This has affected my trust in the NHS to the point that when I have gone to A&E for my own health problems I have begged doctors not to admit me to a ward and when I have needed treatment I have gone abroad instead.” 

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National Ombudsman visits Wolverhampton

Date of article: 05/03/2025

Daily News of: 07/03/2025

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

Article language: en

National Ombudsman visits Wolverhampton 5 March 2025 KHoward Wed, 03/05/2025 - 20:05

Parliamentary and Health Service Ombudsman (PHSO) Rebecca Hilsenrath KC is visiting Wolverhampton to hear from MPs, NHS staff, charities and advocacy groups about local issues and discuss how people can get justice when things go wrong in public services.    

The Ombudsman looks into complaints about the NHS in England and services provided by the UK Government and its agencies.   

Over the past year, the Ombudsman has highlighted issues around the Windrush Compensation Scheme, mental health care, Do Not Attempt Cardiopulmonary Resuscitation orders, and communication of changes to women’s State Pensions.   

On Thursday, March 6, Ms Hilsenrath will visit The Royal Wolverhampton NHS Trust to learn more about the complaints the Trust receives, the way it handles complaints, and how it learns from them to make positive changes. Last year, the Trust won the Patient Experience Network’s Making Complaints Count award for work around learning from complaints about end-of-life care.   

The Ombudsman will also visit the maternity ward to see how staff work on the frontline and hear from patients directly.  

The following day, the Ombudsman will hold a roundtable with two of Wolverhampton’s MPs, Warinder Juss and Sureena Brackenridge, and representatives from organisations including the Department of Work and Pensions, and Healthwatch Wolverhampton who have helped to coordinate the visit.  

There will be workshops for people working in the voluntary, community and social enterprise sector to help them better support people who use their services to effectively make complaints and seek justice when things go wrong in public services.  

Parliamentary and Health Service Ombudsman Rebecca Hilsenrath KC said: 

My colleagues and I are delighted to be in Wolverhampton to hear directly from people working in the NHS and in the local community about their success stories and the challenges they and the people they serve face with public services.  

 

“When things go wrong in public service, it is important that they are put right for the people affected and that there is learning so that it doesn’t happen again. But neither of these things can happen without people speaking up and making a complaint.  

 

“Complaints can highlight previously unknown issues, bring closure for individuals and improve public services for everyone. They are a powerful tool in holding organisations to account and driving meaningful, positive change. We are here in Wolverhampton to learn and share ideas about how we can help people to feel confident about making complaints when things go wrong. This will lead to lasting change for the benefit of all.”  

Stacey Lewis, Service Manager at Healthwatch Wolverhampton, said:

We welcome the PHSO visit to Wolverhampton, and we are pleased to be part of a day of activity to help more people have a stronger voice in their care. It is a timely event as our local Healthwatch is part of a current campaign encouraging people to Share for Better Care.

 

“The PHSO plays a very important role in using feedback to drive improvements in health and care. This opportunity will not only help to educate and empower those supporting residents to effectively make complaints, but it will allow them to see why health and social care services such as our local hospital trust value their feedback.” 

Press releases
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News from the Ombudsman - February 2025

Date of article: 28/02/2025

Daily News of: 05/03/2025

Country:  United Kingdom - England

Author: Local Government Ombudsmen for England

Article language: en

News from the Ombudsman - February 2025

Welcome....

Welcome to the latest edition of News from the Ombudsman.

In this edition you can read about our:

  • New special report on improving services for foster carers and the children they look after
  • New guide to help people who access adult social care, and the authorities that provide it
  • New guides to help people working at councils deal with your complaints properly
  • Input into public debates 
  • Advisory Forum's latest meeting

We hope you enjoy reading our newsletter. If you'd like to hear more about the work we do, why not follow us on LinkedIn?


New focus report on fostering complaints

Foster carer

We have just launched our latest focus report on complaints about councils’ fostering services.

Focus reports bring together a collection of cases to tell the stories of people affected, when things have gone wrong. We want councils to use them to improve services by learning from the mistakes of others.

On fostering, we hope it will help councils to give the best possible chances to children and young people who are so reliant on them to achieve their potential.

Some of the common issues we highlight include:

  • Providing the right information up front – a badly matched placement was doomed to fail because of inadequate advice about the child’s needs
  • Contact with birth families – three children saw their contact with siblings changed to a yearly letter without the council explaining the reasons
  • Dealing with allegations – two children were removed from a settled placement with no prior warning, without a proper review being done

We also cover other subjects such as: fostering payments, social work visits and SEN support.

Read more


Adult Social Care Complaint Guide launched

Sad older woman at rainy window

We have launched a new guide for local councils on handling complaints about adult social care services.

The guide sets out how local councils in England should handle complaints about adult social care, based on the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.

It includes a new model for handling complaints which allows councils to try to resolve complaints early, before moving on to having a closer look at issues raised where this is not possible.

Although the guide is aimed at people working for local councils, it will also help service users and their families understand what they should expect when challenging decisions or making a complaint about the care they or their loved ones have received.

Ombudsman, Ms Amerdeep Somal said:

“Good, effective systems that allow people with care needs and their families to raise concerns and challenge decisions are at the heart of enabling people to live independently and with dignity while also promoting their rights.

“When things go wrong, service users should expect the same quality of complaints handling wherever they are in the country, but sadly this is not the case.

“Through our investigations, we have found a number of councils unaware of the legislation around handling adult social care complaints and we continue to see councils operating two stage complaints processes, despite the legislation only allowing for a single stage.

“In issuing this guide I hope service users will better understand their rights and local authorities their responsibilities for a more consistent approach to complaints handling.”


Ombudsman launches good practice guides for handling and managing complaints

Complaint file

We have launched five good practice guides on complaint handling to support local councils and other organisations to successfully adopt our Complaint Handling Code, alongside managing other complaints processes.

The guides have been developed in consultation with a group of councils who have been piloting the Complaint Handling Code. They are based on real-life, front-line experience of people handling complaints day-to-day in a wide range of councils, as well as their experience of discussing complaints with senior leaders and elected members.

The guides are aimed at specific roles within the complaint process to make the most of learning from the experience of the pilot councils and wider best practice.

You can now find the following guides on our website:

  • Complaint handlers: a proportionate approach to complaints
  • Complaint managers: designing and delivering effective complaints systems
  • Statutory officers & senior leaders: a guide to effective oversight of complaint systems
  • Members responsible for complaints: a guide to effective scrutiny of complaint systems
  • Managing complaints in contracted and commissioned services: a good practice guide

These guides replace our previous publication on effective complaint handling published in 2020. 


Informing national debates

Information sharing

Sharing the learning from our casework is a vitally important facet of what we do.

Our Ombudsman, Amerdeep Somal has recently attended meetings with stakeholders and decision makers across the sector, including the Chair of the Housing Communities and Local Government Select Committee, the Chair of the Education Select Committee the Lords Minister for Housing and Local Government, as well as other stakeholders in organisations relevant to our work.

We also use what we learn from our investigations to inform national debates, and it  continues to be a busy period of consultations and inquiries. We have responded the following in the last month alone:

  • Ministry for Housing, Communities and Local Government (MHCLG) consultation on Strengthening the Standards and conduct framework for local authorities in England
  • MHCLG consultation on Local authority funding reform
  • The MHCLG Planning reform working paper
  • The Education Committee inquiry into solving the Special Educational Needs and Disabilities (SEND) Crisis

Advisory forum meeting

Our Advisory Forum held its latest meeting at the end of January.

Made up of people who have previously had their complaints investigated by LGSCO, along with representatives from local authorities and LGSCO, the forum discussed the data we publish to our external stakeholders, our new Complaints Handling Code and the role of the Ombudsman.

The forum will next meet in July.

Find out more

 


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