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SPSO Annual Report 23 24 complete

Renfrewshire Council · 20 January 2025
Back to Audit, Risk and Scrutiny Board — 20 January 2025 and its agenda

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To: Audit, Risk and Scrutiny Board
On:  20 January 2025
Report by: Director of Finance & Resources
Heading: Scottish Public Services Ombudsman (SPSO) Annual Report 2023/24
1 Summary
1.1 Rosemary Agnew, the Scottish Public Services Ombudsman (SPSO) has issued the
SPSO Annual Report and Financial Statements 2023-24 2023/24.  This report can
be found on the SPSO’s website and by clicking the link below at
https://www.spso.org.uk/sites/spso/files/communications_material/annual_report/S
PSO%20Annual%20Report%20and%20Financial%20Statements%202023-24.pdf.
1.2 The SPSO is the final stage for complaints about councils, the National Health
Service, housing associations, colleges and universities, prisons, most water
providers, the Scottish Government and its agencies and departments and most
Scottish authorities. 
1.3 The report advised that Public Service cases received in 2023/24 increased in
comparison to 2022/23.
1.4 It was noted that the health sector was the sector about which the SPSO received
most complaints, with local authority cases receiving the second highest number.
1.5 The statutory functions of the Ombudsman, together with the complaints process
and a look forward to the coming year are set out within the SPSO’s report.
2 Recommendations
2.1 That the SPSO’s 2023/24 Annual Report be noted; and
2.2 That it be noted that 54 complaints were determined by the SPSO against
Renfrewshire Council in 2023/24 and none went to public investigation.

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3 Background
3.1 SPSO Role and Function
The SPSO has a wide remit which covers a variety of functions and services. 
There are four distinct statutory functions:
• the final stage for complaints about most devolved public services in Scotland;
• powers and responsibilities to publish complaints handling procedures and
monitoring and supporting best practice in complaints handling;
• independent review service for the Scottish Welfare Fund with the power to
overturn and substitute decisions made by councils on Community Care and
Crisis Grant applications; and
• Independent National Whistleblowing Officer for the NHS in Scotland; the final
stage for complaints about how the NHS considers whistleblowing concerns
and the treatment of individuals concerned.
4 Complaints Overview
4.1 The report advised that case numbers received in 2023/24 increased by 33% in
comparison to 2022/23. This significant increase in cases received meant that
complaint numbers were now above pre-pandemic levels.  While the SPSO could
not attribute this rise to any specific issue, they advised it was likely the impact of
several factors; pressures on public service resources, cost of living pressures,
general dissatisfaction with public services (particularly delays), and a greater
awareness of the SPSO as they developed and implemented their engagement and
communication strategy and visibly contributed to public consultations.
4.2 Despite the substantial increase in cases received, there was only a small increase
in the number of cases carried forward from the previous year, as a proportion of
the total caseload for the year. This was largely as a result of increased productivity
by the SPSO and a focus on continuing to plan and structure their approach to
reducing unallocated and older cases. There had been a 21.5% increase in
complaints output over the year and the SPSO was successful in continuing to
reduce both the number of unallocated cases and the waiting time for allocation.
The report also advised that they were also successful in reducing the number of
older cases at assessment and investigation stages.
4.3 The report noted that nationally, in 2023/24 the SPSO received 4,686 complaints
(5,735 in total when including complaints carried over from last year) compared with
3,527 complaints received in 2022/23 and 3,665 in 2021/22.

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Public Service Complaints received and carried forward
4.4 There were 4,651 cases closed in 2023/24, 201 went to investigation stage
compared to 192 in 2022/23.  A breakdown of Public Service complaints which
were closed at assessment and after investigation is outlined in table below:
4.5 Cases closed overall rose by a 21.5% following on from a 9.7% rise in 2022/23.
The significant increase in complaints output reflected the changes to their process
to improve efficiency at the early stage of the SPSO’s assessment and
investigation process, and the impact of the additional temporary staffing
resources during 2022/23 which came to an end during 2023/24.
5 Public Service Complaints Received
5.1 The table below shows the breakdown of public service complaints by sector and
remains generally consistent with previous years. Once again, health is the highest
subject of complaint followed by local authorities. Nearly two-thirds of cases
received were about health and local authorities.

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Cases determined by sector
5.2 Of the investigations completed in Scotland as a whole, three cases were reported
in full as public investigation reports (down from seven the previous year). These
were cases where the SPSO decided to publish the investigation in full because
there was evidence of significant personal injustice or hardship, systemic failure,
significant complaints handling failures, or it is a test/precedent case.  None of
these cases involved Renfrewshire Council.
5.3 Cases that are not published in full as public investigation reports are usually
published as decision summaries. Public reports and decision summaries can be
found in the 'Our findings' section of the SPSO website.
6 Premature Public Service Complaints Rate
6.1 A premature complaint is one that has been submitted to the SPSO before the
organisation’s complaint process has been completed. Normally these are
returned to complainants offering them advice on how to progress their complaint. 
There was a significant increase in premature public service complaints this year.
The actual number of premature complaints received increased by 50.1% (918 in
2023/24 compared to 460 in 2022/23).  This was due to complainants attempting
to navigate the public service complaints process over a number of months and
not being updated in line with the organisation’s complaints handling procedures
and the SPSO statement of complaint handling.
7 Complaints in relation to Renfrewshire Council 2023/24
7.1 No complaint details for specific organisations were included in the report.
However, information received separately from the SPSO, indicated that the
number of complaints determined by the SPSO relative to Renfrewshire was 54
compared with 35 in 2022/23 and 43 in 2021/22.  Of the 54 cases 14 reached the
advice stage, 39 were completed at the early resolution stage and one was
resolved at the investigation stage.  A copy of the investigation report is attached
as Appendix 1.

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7.2 Complaints Determined in relation to Renfrewshire Council 2023/24
7.3
7.4
8
8.1
There were 58 cases received in 2023/24 relative to Renfrewshire, the main
subjects of these are as follows, with 2022/23 figures in brackets. The subjects are
the SPSO’s and may not relate directly to the way Renfrewshire Council services
are organised: Education 7 (5); Environmental Health & Cleansing 15 (6); Finance
6 (3); Housing 14 (7); Legal & Admin 1 (2); Other 1 (no data available); Personnel
0 (0); Planning 2 (3); Roads & Transport 2 (0); Social Work 8 (7); Subject
Unknown/Out of Jurisdiction 2 (2); and Welfare Fund – Community Care Grants 0
( 0)
It should be noted that received and determined numbers do not tally as
complaints received include cases carried forward from previous years.
Looking Forward
The SPSO has commenced the year with a new strategic plan. While their
values remain the same, they have updated their strategic themes and
strategic objectives.
Stage Outcome Group
Renfrewshire
Council
Advice A&G - Complaint submissions - mature 3
A&G - Complaint submissions - premature 6
A&G - Enquiries 5
Organisation not in jurisdiction 0
Total 14
Early
Resolution
Cause and impact test not met (s 5 (3)) 1
Discretion – Insufficient benefit would be achieved by
investigation 10
Discretion – alternative action proposed 1
Discretion – Alternative route used or available 1
Discretion - Good complaint handling 19
Discretion – referred back 1
Discretion - Resolved - both parties satisfied with proposed
outcome 4
Member of the public test not met (s 5 (6)) 0
Organisation not in jurisdiction 0
Premature 0
Right of appeal to court/tribunal/Scottish ministers (s 7 (8)) 1
Subject matter not in jurisdiction 0
Time limit (s 10) 0
Unable to proceed 1
Total 39
Investigation Fully upheld 0
Not duly made or withdrawn 0
Not upheld 0
Resolved 1
Some upheld 0
Total 1
Total 54

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8.2 The SPSO is continuing their journey in improving complaint handling times and
the number of cases awaiting allocation. In particular, they have advised that they
will continue to reduce both the age and number of unallocated public service
complaints.
8.3 The report advised that, as with previous years, they had set themselves an
ambitious business plan which, although ambitious, was achievable if resources
and workload remained constant and as planned, although increasing public
service complaint volumes were of a concern.
8.4 The report highlighted that while the SPSO would continue with agile projects to
improve efficiency and find new ways of delivering their service, the risk of being
unable to absorb increasing case numbers was growing.  The report noted that
significantly, 2024/25 would see a shift towards more rights-based approaches to
complaint handling as they implemented and monitored the Child Friendly
Complaints Principles and case handling approaches.

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Implications of the Report 
Financial – None 
HR & Organisational Development – None 
Community Planning – None 
Legal – None 
Property/Assets – None 
Information Technology – None 
Equality & Human Rights – The recommendations contained within this report have been
assessed in relation to their impact on equalities and human rights. No negative impacts
on equality groups or potential for infringement of individuals’ human rights have been
identified arising from the recommendations contained in the report. If required following
implementation, the actual impact of the recommendations and the mitigating actions will
be reviewed and monitored, and the results of the assessment will be published on the
Council’s website. 
Health & Safety – None 
Procurement – None 
Risk - None. 
Privacy Impact – None 
COSLA Policy Position Implications – None 
Climate Risk – None 
Children’s Rights - None 
List of Background Papers 
(a)  Background Paper 1 - SPSO Annual Report and Financial Statements 2023-
24 2023/24.  SPSO’s website
https://www.spso.org.uk/sites/spso/files/communications_material/annual_re
port/SPSO%20Annual%20Report%20and%20Financial%20Statements%202
023-24.pdf. 
(b) Background Paper 2 - Data tables for the 2023/24 annual statistics - Statistics
2023-24 | SPSO website 
(c) Background Paper 3 – SPSO database – Investigation Reports - 
Investigation Reports | SPSO 
(d) email from SPSO (5/12/24) detailing confidential data list for closed
complaints for Renfrewshire Council for 2023/24
___________________________________________________________________
Author: Carol MacDonald, Senior Committee Services Officer
Email: carol.macdonald@renfrerwshire.gov.uk

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SPSO decision report
Case: 202203947, Renfrewshire Council
Sector: Local Government
Subject: Kinship care
Decision: resolved, no recommendations
Summary
C complained on behalf of their client (A), who has looked after their grandchildren since the sudden death of the
children's parent (B) but never received kinship care allowance.
A kinship care assessment commenced and the outcome was that A was not suitable to be approved as kinship
carer. However, a Children's Hearing panel decided that both children should remain in the care of A (contrary to
the recommendation of social work).
A couple of years later the children's other parent (D) died (and it was stated by C that D would not have been
able to look after the children prior to that). After this, C states a regular payment was given to A, albeit less than
the kinship care rate. C states that the children had previously had a social worker involved and A had worked
with social work regarding the care of the children, and that they had asked A to look after them following their
parents (B) death.
C considered that A was eligible for an allowance because the children are 'looked after' as they were cared for
under a Section 25 arrangement Children (Scotland) Act 1995 and then a Compulsory Supervision Order. C
refers to Regulations 36, 38 & 39 in The Looked After Children (Scotland) Regulations 2009. C was concerned
about the length of time taken to commence a kinship care assessment and that this was not commenced at the
point that the council asked C to look after the children. The council stated that there is a new kinship care
assessment in progress.
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