Homeless Tower Hamlets man suffered because of lack of joined-up support from council

Date of article: 17/10/2024

Daily News of: 17/10/2024

Country:  United Kingdom - England

Author: Local Government Ombudsmen for England

Tower Hamlets council left a vulnerable man with significant care needs unsupported when he was made homeless, the Local Government and Social Care Ombudsman has found.

The man, who has disabilities and complex physical and mental health needs, told the council he was being made homeless. The Ombudsman has found the council’s housing and adult care services teams did not do enough to support the man over a significant period of time.

The man received a care package from the council, but the Ombudsman found no evidence the adult social care team had liaised with the housing team about this for an extended period during which the man was homeless.

As a result of this lack of joined-up support, the significant gaps in his care package and the unsuitable interim and temporary accommodation provided, the man spent several weeks sleeping in his car and eventually ended up in hospital.

The Ombudsman’s investigation found the council did not identify accommodation for the man on the day he was evicted, so a housing charity found him and his carer somewhere to stay overnight.

Throughout the time the man was homeless, the council placed him in accommodation that was unsuitable for a number of reasons – some did not have suitable washing facilities, so his care workers were unable to help him wash properly, or kitchen facilities where he could make his own food. This flexibility was vital as the man had medication that needed to be taken with meals.

Another accommodation was not secure, so the man felt he had no  choice but to sleep in his car overnight for safety. This meant he could not use a machine he needed to help with his breathing and, because of his continence issues, he regularly soiled himself because he did not have easy access to a bathroom or help to change continence pads.

Some accommodation was so far away from Tower Hamlets that his care workers were unable to carry on supporting him.

On one occasion the council did not remind the man that his period in one interim accommodation was coming to an end and needed rebooking. As a result he had to leave that accommodation on the Friday and no other accommodation was made available until the Monday. That weekend he had to sleep in his car, did not receive any care calls and was unable to take his medication.

Local Government and Social Care Ombudsman, Ms Amerdeep Somal said:

“This case is an awful example of the dire consequences of council departments not working together properly to support the most vulnerable members of their communities.

“It should have been quite apparent that this would not be a simple case, and the council needed to take action when the man first approached it for help and should have planned ahead for when he had to leave his permanent accommodation.

“However, it only acted after the man had been evicted. Even then the support offered to him simply did not meet his needs, and instead put his welfare at risk.

“When dealing with complex cases like this, councils need to have the channels in place to assure themselves they are meeting their duties to both house and care for disabled people who call on them for assistance.

“I hope the changes I have asked Tower Hamlets council to make will ensure other homeless people with complex needs get the help and support they are owed.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the man and pay him a combined £11,728 for the failures identified in the report. It will also liaise with the man about appropriate action to take about other costs the man accrued when he was homeless.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will remind staff of their duties towards homeless people, particularly those with complex support needs.

Article date: 17 October 2024

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A fermo la seconda edizione di "Noi giochiamo a sitting volley"

Date of article: 17/10/2024

Daily News of: 17/10/2024

Country:  Italy - Marche

Author: Garante regionale dei diritti della persona (Regional Ombudsman of Marches)

Progetto realizzato quest’anno attraverso l’accordo tra il Garante e il Comune di Fermo con la collaborazione della Scuola di Pallavolo Fermana. Percorso di sostegno per la crescita equilibrata e l’inclusione di minori con disabilità

Seconda edizione di “Noi giochiamo a Sitting Volley” progetto realizzato quest’anno attraverso un accordo tra il Garante Giancarlo Giulianelli e il Comune di Fermo (in precedenza era stato attivato con quello di Ancona) e la collaborazione della  Scuola di Pallavolo Fermana (Asd).

L’obiettivo è quello di proseguire il  percorso di sostegno per la crescita equilibrata e l’inclusione di minori con disabilità. Da precisare che la Scuola di Pallavolo Fermana è una delle poche società sportive regionali che ha tra le finalità statutarie quella di promuovere proprio l’inclusione  attraverso la cultura del rispetto e dell’accoglienza.

Nel complesso il progetto si inserisce nel contesto educativo scolastico e vede il coinvolgimento degli Istituti comprensivi “Ugo Betti”, “Fracassetti – Capodarco”, “Da Vinci – Ungaretti”, tutti presenti sul territorio fermano.

I minori delle classi secondarie di primo grado (11-14 anni) saranno destinatari di vere e proprie lezioni teorico-pratiche sul sitting volley, mentre quelli della scuola primaria (6-10 anni) saranno coinvolti attraverso un concorso di disegno sul sitting volley, dopo aver preso visione del materiale audio visivo appositamente elaborato.

Le lezioni, tenute dagli istruttori della società sportiva di pallavolo, le esibizioni dimostrative nonché le testimonianze, tenute da atleti paralimpici della medesima società, si svolgeranno in orario curriculare anche nel pomeriggio per le classi che frequentano il tempo pieno.

Nel mese di dicembre, inoltre, sarà organizzato un torneo cittadino tra studenti delle scuole secondarie di primo grado con prevalenza di partecipazione di minori con disabilità.

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Ireland: the situation of Travellers, Roma and asylum seekers requires more attention

Date of article: 15/10/2024

Daily News of: 17/10/2024

Country:  EUROPE

Author: Commissioner for Human Rights - Council of Europe

The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, encourages further steps in Ireland in the field of combating racism and discrimination and addressing prejudice against Travellers, Roma and migrants. He welcomes the progress made in policy development, stressing the need to translate newly adopted policies into practice. The Commissioner conducted a visit to Ireland from 7 to 11 October, during which he focused on the human rights of Travellers and Roma and on issues related to refugees, asylum seekers and migrants.

“The persistent racism and discrimination against Travellers and Roma in Irish society require sustained attention across government”, said the Commissioner. “I commend the adoption of important strategies and action plans to combat racism, improve the inclusion of Travellers and Roma, and address shortcomings in their access to education and health. Communities are now looking forward to the prompt implementation of these policies at all levels through effectively functioning structures and secure funding.”

The Commissioner visited several halting sites in Dublin and Limerick, some without access to electricity, adequate sanitation facilities or plumbing. He discussed with residents about their daily struggles with these living conditions and their lasting impact on health and well-being. “I have great admiration for the resilience in Traveller communities and women’s engagement in bringing about positive change. These efforts led by the community should be supported and empowered.”

The Commissioner also heard from members of the Traveller community and researchers about Travellers’ negative experiences of the justice system, including overpolicing and ethnic profiling. “I welcome government and prison service efforts to improve community support for minority prisoners. However, more attention should be paid to addressing the causes that lead to the overrepresentation of Travellers in prisons, including policing practices and the criminalisation of trespassing. Concerted efforts are required to ensure that Travellers can have the same trust in the Gardaí as the majority population”, said the Commissioner.

On 8 October, the Commissioner participated in a ceremony in Limerick dedicated to the memory of Travellers who have died of suicide. “The high numbers of suicide among Travellers, including children, should be treated as the crisis that it is. The government should continue to support and further develop both mainstream and special measures to address the significant health inequalities affecting Travellers, including as regards mental health”.

Regarding education, the Commissioner was struck by the disproportionate application of reduced timetables for Traveller and Roma children in schools, excluding them from substantial parts of the curriculum. “The right to education is fundamental. Significantly reducing time spent in school thwarts access to equal opportunities throughout life. Priority attention is needed to improve these children’s access to education”, said the Commissioner.

The Commissioner’s observations on the human rights situation of Travellers and Roma in Ireland are forthcoming.

As regards the situation of international protection applicants, the Commissioner was alarmed by the fact that single men seeking asylum in Ireland are not offered accommodation and often end up sleeping rough. “I highly appreciate the continued welcome extended by Ireland to Ukrainian beneficiaries of temporary protection and people fleeing conflict or persecution elsewhere, and the efforts made to address the long-standing shortages in accommodation. However, there are over 2800 men currently exposed not only to adverse weather conditions but also growing hostility against them. I note that the government recognises the extent of this challenge and urge it to resolve the situation before the onset of winter.”

The Commissioner also discussed issues related to the recent introduction of increased border security measures in Ireland and encouraged the authorities to ensure that they are conducted in full compliance with their international human rights and refugee protection obligations.

During the visit, the Commissioner met with the Minister of Justice Helen McEntee TD, the Minister of State with responsibility for Community Development, Charities, and Integration of the Department for Children, Equality, Disability, Integration and Youth Joe O’Brien, the Chair, Senator Eileen Flynn, and members of the Oireachtas Joint Committee on Key Issues affecting the Traveller Community, and the Chief Executive of Limerick City and County Council Dr Pat Daly. He also visited the Mountjoy Female Prison (Dóchas Centre) in Dublin and met with Prison Governor Lorraine McCarthy. The Commissioner exchanged views with the Ombudsman for Children Niall Muldoon and the Director, Deidre Malone, and Commissioners of the Irish Human Rights and Equality Commission. Throughout this visit, the Commissioner met with Traveller and Roma representatives and activists, Traveller women groups, young Travellers and Roma, as well as refugee and migrant rights organisations.

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Declaración institucional con motivo del Día Internacional para la Erradicación de la Pobreza

Date of article: 16/10/2024

Daily News of: 17/10/2024

Country:  Spain - Basque Country

Author: Regional Ombudsman of the Basque Country

7octubre 2024

En este día el Ararteko se suma a la reivindicación de las Naciones Unidas en favor de políticas públicas integrales destinadas a erradicar la pobreza. Bajo el lema “Unidos para lograr justicia social y económica para todos”, el Ararteko recuerda que demasiadas familias carecen aún de un hogar adecuado donde vivir. Es imprescindible que las políticas públicas garanticen adecuadamente alojamientos y viviendas seguras, accesibles, dotadas de redes de apoyo que promuevan la inclusión social de las personas vulnerables.

La recientemente publicada II Estrategia Vasca contra la Exclusión Residencial Grave 2024-2028, constituye un ejemplo de enfoque multidimensional que aborda conjuntamente cuestiones íntimamente relacionadas entre sí, como la pobreza, el acceso a la vivienda, la falta de empleo y el déficit de salud de las personas sin hogar. Esta estrategia incorpora la perspectiva de género e interseccional y pone el énfasis en la garantía de los derechos humanos. Además, se articula con los sistemas de responsabilidad pública del Sistema Vasco de Protección Social y reconoce el papel clave del Tercer Sector de Intervención Social en su labor con las personas aisladas y excluidas. El cumplimiento de esta estrategia representa una prioridad ineludible para el conjunto de las administraciones públicas vascas.

En una sociedad avanzada como la vasca, la pobreza extrema se manifiesta en la falta de un techo seguro para vivir. Es preciso evitar que las personas vulnerables puedan verse inmersas en un sistema carente de oportunidades para su incorporación social y para su participación en la vida económica, social y cultural.

El Ararteko velará, por lo tanto, por el respeto de los deberes legales derivados de la reciente ratificación de la Carta Social Europea Revisada y por el cumplimiento de los compromisos establecidos en la II Estrategia Vasca contra la Exclusión Residencial Grave. Asimismo, reitera, hoy más que nunca, su compromiso con los objetivos de desarrollo sostenible, muy especialmente del objetivo nº 1: poner fin a la pobreza en todas sus formas en todo el mundo. El cumplimiento cabal de este compromiso resulta fundamental para garantizar una sociedad integrada, cohesionada y segura, donde todas las personas puedan vivir con dignidad. 

Actuando con determinación, solidaridad y justicia, Euskadi pondrá alcanzar ese objetivo, logrando así una sociedad vasca en la que prevalezca una auténtica igualdad de oportunidades para todas las personas.

Vitoria-Gasteiz, 16 de octubre de 2024

 

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Recommendations not implemented: final opinion on constructive dismissal of MCAST Principal and CEO

Date of article: 15/10/2024

Daily News of: 17/10/2024

Country:  Malta

Author: National Ombudsman of Malta

In accordance with Article 22(4) of the Ombudsman Act, the Ombudsman and the Commissioner for Education have forwarded to the House of Representatives the Final Opinion on a case involving the Principal and CEO of the Malta College of Arts, Science, and Technology (MCAST). This case highlights serious concerns regarding constructive dismissal and the circumvention of the Employment and Industrial Relations Act, leading to a situation of maladministration, unfairness and arbitrariness.

The complaint

The complainant, who was the Principal and CEO of MCAST, lodged a complaint with the Office of the Ombudsman on 16th July 2024. He alleged that his impending dismissal, effective from the end of August 2024, was both unlawful and politically motivated. The complainant’s contract had been extended in March 2021 until 31st May 2026, and he contended that his dismissal prior to this date breached the terms of his contract.

Facts and findings

The investigation, initiated by the Commissioner for Education, revealed that the complainant’s impending dismissal was in breach of the provisions of sub-articles (1) and (2) of Article 22 of the Ombudsman Act in that it would undermine the notion of a definite contract of service under the Employment and Industrial Relations Act, as well as because no cogent reasons were given to the complainant for his dismissal ahead of the stipulated date of the end of the contract of service. The key findings, highlighted both in the Final Opinion and in the subsequent exchange with the Permanent Secretary at the Ministry responsible for Education (and which are being published), were:

  • The Board of Governors, responsible for the appointment and extension of the complainant’s contract, acted within its legal remit when renewing the contract until 2026.
  • No valid reason was provided by the Ministry of Education or its representatives to justify the termination of the complainant’s contract before the agreed-upon date.
  • The Ministry’s claim that after a certain age public officers required the annual approval of the Ministry to remain in office undermined the main law governing employment.
  • The education authorities failed to provide cogent reasons for the constructive dismissal of the complainant, relying on vague and irrelevant considerations in breach of Article 22(2) of the Ombudsman Act.

Conclusion and recommendation

The Commissioner concluded that the complainant’s forthcoming dismissal would amount to an act of maladministration. The education authorities’ failure to respect the decision of the MCAST Board of Governors and to subject the complainant’s contract of employment to an arbitrary condition of annual renewal breached the provisions of Article 22 of the Ombudsman Act. The Commissioner, therefore, recommended that the education authorities refrain from proceeding with the dismissal scheduled for 31st August 2024.

Outcome

On 2nd September, the Permanent Secretary of the Ministry for Education, Sport, Youth, Research and Innovation informed the Commissioner for Education that they did not agree with his conclusions and recommendation and would, therefore, proceed with the termination of the complainant’s employment. The Ombudsman and the Commissioner brought the case to the attention of the Prime Minister on 9th September 2024 and subsequently forwarded a report to the House of Representatives for its consideration.

Documents

27.08.24 – Final Opinion

02.09.24 – Letter from PS MEYR

09.09.24 – Letter to PS

09.09.24 – Letter to Prime Minister

16.09.24 – Letter to the Speaker

 

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