Councils need to treat the people they serve with fairness, respect and dignity – as a new Ombudsman report shares how people’s basic human rights have been infringed when receiving public services in England.

Out today, the new report by the Local Government and Social Care Ombudsman ‘Equal Justice’ explores a catalogue of cases where people have not been treated fairly, and suggests how things should be put right.

Cases in the report include a man with a learning disability who was regularly given sedatives by care home staff over a seven-month period, impacting on his right to a private life. In another case a council denied a homeless family the right to enjoy a family life and home when it failed to identify the property they were living in was overcrowded. And in another case, the council’s interference in a family custody dispute impacted on the father’s right to a family and private life.

Also issued today, the Ombudsman is highlighting a new case where a man with autism was treated poorly when his employment, family life and sense of self were put at risk while his local council failed to support his needs in good time.

The Bradford man complained the council took too long to complete an assessment of his care and support needs, and when it finally did so – 16 months later – this was still not enough to allow him to continue to work and provide for his family. The man’s partner had to take on an increased caring role and this had a significant impact on their family life

Michael King, Local Government and Social Care Ombudsman, said:

“People all too often think of Human Rights with ‘capital letters’ and in grand terms, but the basic expectations of how anyone should be treated – with fairness, respect and dignity – are just as applicable for people in their everyday lives as they are when major international events occur.

“We all have a right to expect these basic standards when we use public services. I want to raise people’s awareness about those rights, so people can more easily recognise when their basic rights and freedoms have been neglected.

“And I urge councils to take a rights-based mindset when developing their services and making day-to-day decisions on how they are delivered.”

In the past year, the Ombudsman has carried out 103 investigations in which the Equality Act was a significant aspect in the investigation, and a further 51 where there were Human Rights implications. Most of those cases involved the Right to Private Life, particularly in relation to people in receipt of adult care services, but other cases involved councils failing to provide education for children, or where adults were unfairly deprived of their liberty.

The report also includes case studies where the Ombudsman has investigated complaints against other rights-based laws and guidance. These include considering the rights of service personnel in the Armed Forces Covenant and Act, the rights of people with protected characteristics as set out in the Equality Act, and the requirements on public bodies in meeting the public sector equality duty.

The report highlights the common mistakes councils should look out for, which include overseeing contractors, complaint handling, day-to-day decision making, avoiding a box-ticking approach and designing services from the ground up that protect people’s rights. It also offers good practice guidance, and sample questions local councillors can ask of their authority to ensure residents’ rights are upheld.

Article date: 01 December 2022

The Office of the Ombudsman, incorporating the Ombudsman; the Standards of Public Office Commission; the Information Commissioner; the Commissioner for Environmental Information; the Commission for Public Sector Appointments; the Referendum Commission; and the Office of the Protected Disclosures Commissioner, is inviting applications from registered members of the Roll of Practising Barristers for admission to its panel of practising barristers for the period of January 2023-December 2026.

The Human Rights Commissioner of Azerbaijan, Sabina Aliyeva, and the Ukrainian Parliament Commissioner for Human Rights, Dmytro Lubinets held a meeting through videoconferencing. 

In the meeting, the parties discussed the prospects of mutual relations between the two institutions in human rights protection. The parties have also exchanged their views on the perspectives of adequate civil rights protection at the national level.

Outlining the protection of the rights of Ukrainian nationals who took refuge at Azerbaijan due to the ongoing war in their country of origin, the Azerbaijani Ombudsperson spoke about the measures taken to protect the rights of refugees and forcibly displaced persons and migrants, as well as noted that information booklets for foreigners and asylum seekers related to their right of access to information were prepared and translated into the Ukrainian language.     

S. Aliyeva, underlining the respect for the inviolability of state borders as one of the core principles of international law stressed the importance of cooperation of ombudsmen and national human rights institutions with a view to ensuring sustainable peace, tranquility, and development in the entire region. It was also added that for protecting the rights of refugees and forcibly displaced persons, the Azerbaijani Ombudsman Institution, which has an extensive experience in this regard is ready to share its experience with others.  

At the meeting S. Aliyeva expressed her concerns about the situation of Azerbaijani nationals Misir Gasimli and Subhan Guliyev, who are detained and currently being prosecuted, bringing the attention of her colleague to the issue concerned. It was said that considering the previous recommendations of the Azerbaijani Ombudsman, the issue of the persons in question is in focus.

In the end, the parties have agreed to further develop the efforts for strengthening the bilateral relations between the two institutions. 

• Of people aged 55-74, in retirement or inactive, only around one third have basic digital skills

• Basic services should be accessible to all regardless of technical skills

• Upskilling programs could be supported by EU funds

Digital literacy programmes and other initiatives are needed to reduce inequalities in access to technology and digital services, argue MEPs in a resolution.

In a resolution adopted with 23 in favour, 0 against and 0 abstaining, Petitions Committee MEPs call on the Commission to urgently address the existing digital divide with an updated cohesion policy. Noting that increasing digitalisation can generate socio-economic differences between people and countries, they suggest using NextGenerationEU funds to help bridge the gaps in digital skills and infrastructure.

The digital divide refers to the gap between individuals, households, businesses and geographic areas at different socio-economic levels with regard both to their opportunities to access information and communication technologies (ICTs) and to their use of the internet for a wide variety of activities. It especially impacts vulnerable social groups such as older people, people with disabilities, people on low incomes, the digitally unskilled and people with limited internet access. MEPs also note that the excessive use of technological devices can aggravate mental and physical health issues, for example isolation, anxiety and burnout.

Noting that democratic life and online public services must be inclusive and fully accessible to all, MEPs on the Committee on Petitions highlight complaints from citizens on how basic banking services or and information are increasingly only available through smartphones, despite there being no legal obligation to possess one.

MEPs state their concern about the decline of physically-present public services, especially in rural areas and the outskirts of cities. They stress that the digital transition must take place in a way that benefits everyone, while recognising that cashless payments and fast online transactions have brought a number of advantages to the single market, including fraud reduction and economic gains for small businesses.

The resolution calls for increased investment (for example from NextGenerationEU funds) in training, including lifelong learning, re-skilling and up-skilling, and ask for discrimination-free service models that ensure everyone’s access to basic services. The digital transformation should guarantee new rights to people, argues MEPs, and welcome the recent proposals for a European declaration on digital rights and principles.

Background

Currently, 54 % of people in the EU’s possess at least basic digital skills. The EU’s objective is to reach a share of 80 % by 2030.