Social Work And Health Committee - 22/09/2014

At a MEETING of the SOCIAL WORK AND HEALTH COMMITTEE held at Dundee on 22nd September, 2014.

Present:-

BAILIES

COUNCILLORS

Councillor Ken LYNN, Convener, in the Chair.

The minute of meeting of this Committee of 23rd June, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declarations of interest were made.

II COMPLAINTS REVIEW COMMITTEE - MINUTES OF MEETINGS

The minutes of meetings of the Complaints Review Committee of 22nd July and 29th July, 2014 were submitted and approved, copies of which are appended hereto (Appendices I and II).

III CASES SUB-COMMITTEE - MINUTE OF MEETING

The minute of meeting of the Cases Sub-Committee of 23rd July, 2014 was submitted and noted for information and record purposes, a copy of which is appended hereto. (Appendix III).

IV FOSTERING ALLOWANCES 2014/2015

After considering Agenda Note AN214-2014 relative to the above, the Committee agreed the rates of payment for fostering allowances as detailed in the note backdated to 7th April, 2014.

Ken LYNN, Convener.

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

APPENDIX I

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.

At a MEETING of the COMPLAINTS REVIEW COMMITTEE held at Dundee on 29th July, 2014.

APPENDIX II

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 2/2014

The Committee considered a complaint comprising three areas of 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:-

Complaint 1 - Delay in Officer's response to an e-mail;

Complaint 2 - Disagreement with the decision taken by a Social Work Officer in respect of the level of direct payment allocated to meet the service user's needs; and

Complaint 3 - That the application of an upper limit to the direct payment available to meet the service user's needs constitutes discriminatory practice.

The Committee gave consideration to written submissions on behalf of 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.

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 that:-

(i) in relation to Complaint 1 - Delay in Officer's response to an e-mail:-

that this complaint be upheld 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 delay in responding to the Complainant be noted;

(ii) in relation to Complaint 2 - Disagreement with the decision taken by a Social Work Officer in respect of the level of direct payment allocated to meet the service user's needs:-

that this complaint be upheld in part. The Committee observed that there was lack of clarity in what was meant by exceptional needs and that the Social Work Department should seek to clarify this in working documentation for the clarity and understanding of service users and Social Work practitioners of Dundee City Council Social Work Department to ensure clarity and fairness across the board for all service users, and that the Social Work Department be remitted to review the circumstances of the service user to consider whether or not they had exceptional needs which might justify increasing the level of direct payment; and

(iii) in relation to Complaint 3 - That the application of an upper limit to the direct payment available to meet the service user's needs constitutes discriminatory practice:-

that this be not upheld but that the Social Work Department be requested to give consideration to the development of guidance for service users to allow them to further their understanding of the scope of direct payments and, in particular, the upper limit of payment, to allow for those circumstances where a service user felt there were exceptional circumstances in their particular case, and they considered that they met criteria for a further care arrangement which would require financial contribution from the Council over and above that particular limit and, that in relation to the service user's case that her circumstances be remitted back to the Social Work Department for review.

Thomas TAIT, Chairperson.

At a MEETING of the CASES SUB-COMMITTEE OF THE SOCIAL WORK AND HEALTH COMMITTEE held at Dundee on 23rd July, 2014.

APPENDIX III

Present:-

Councillor Ken LYNN

Councillor Alan G ROSS

Councillor Norma McGOVERN

Councillor Ken LYNN, Convener, in the Chair.

Unless marked thus * all items stand delegated.

The Sub-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 paragraph 3 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

No declarations of interest were made.

II CONTRIBUTION TO THE PROVISION OF A CARE PACKAGE WHICH EXCEEDS THE APPROVED NATIONAL CARE HOME RATE

There was submitted Report No 286-2014 by the Director of Social Work requesting authorisation for a contribution towards funding for a jointly commissioned package of care and support between Health and Social Work which would enable a service user to be supported to live at home.

The Sub-Committee agreed to authorise the requested Social Work financial contribution as outlined in the report to enable a care and support package to be commissioned.

III PURCHASE OF PLACEMENT WHICH EXCEEDS THE APPROVED NATIONAL CARE HOME RATE

There was submitted Report No 287-2014 by the Director of Social Work requesting authorisation for a financial contribution towards a jointly funded care placement between Health and Social Work to support an adult to be discharged from hospital into a slow stream rehabilitation facility in the community.

The Sub-Committee agreed to authorise the requested Social Work financial contribution as outlined in the report to enable the service user's move from hospital to slow stream rehabilitation resource to take place.

IV PROVISION OF A CARE PACKAGE WHICH EXCEEDS THE APPROVED NATIONAL CARE HOME RATE

There was submitted Report No 288-2014 by the Director of Social Work requesting authorisation for funding to facilitate a service user's discharge from hospital and to enable professional workers to identify any long-term needs.

The Sub-Committee agreed:-

(i) to authorise funding of a placement at an assessment flat in Dundee for an initial six month period; and

(ii) to approve the funding of a 24 hour support package provided by a care provider for an initial six month period.

Ken LYNN, Convener.