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3. What is your name?
Name
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John Black
Organisation details
1. Name of organisation
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Moray Council
2. Information about your organisation
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Local Authority
Question page 1
1. Is the SPSO allocating its resources effectively to ensure all three statutory elements of its remit are undertaken effectively?
Please provide your response in the box provided.
Statutory element one – final stage for complaints
For complaints referred to SPSO as the final stage, they appoint a case reviewer and consult fully with the council. They provide their decision with supporting reasons and, on occasions, make recommendations which we are required to action within set timescales and provide evidence that the recommendations have been met.
I consider this to be effective resourcing to meet this statutory requirement.
Statutory element two – publishing complaint handling procedures (CHP)
In April 2021, following extensive consultation with all public bodies, including Moray Council, SPSO issued the revised and current CHP.
SPSO followed a similar extensive consultation process and, in July 2024, issued Child Friendly Complaints guidance on how Moray Council should deal with complaints involving children.
SPSO staff attend and contribute at quarterly Local Authority Complaint Handler Network (LACHN) meetings.
I consider this to be effective resourcing to meet this statutory requirement. The LACHN affords them opportunity to monitor and support best practice in complaint handling.
Statutory element three – Independent Review Service for Scottish Welfare Fund (SWF)
We have direct involvement with the SPSO when a decision we have made, that hasn’t gone in the favour of one of our customers, is referred to SPSO.
Our process is, we make a decision, if the customer doesn’t accept the decision, they can ask for a First Tier review. The First Tier Review is then looked at by another member of staff who will go over the case again and either make no changes to the original decision or change it in favour of the customer.
At this point, if the First Tier review still isn’t to the satisfaction of the customer, they can make a request for the SPSO to review the application.
We had one such referral to SPSO on 24 March 2022 with no further referrals to date.
Our staff have received recent training from SPSO relating to Scottish Welfare Fund issues.
The training was delivered via TEAMS and included other LA’s. Our staff have found this valuable and informative in aiding their decision process.
Our staff have been involved in one on one chats with the SPSO advisors for advice on particular a application the approach to follow for a difficult claim.
I consider this effective resourcing to meet the statutory requirement.
For complaints referred to SPSO as the final stage, they appoint a case reviewer and consult fully with the council. They provide their decision with supporting reasons and, on occasions, make recommendations which we are required to action within set timescales and provide evidence that the recommendations have been met.
I consider this to be effective resourcing to meet this statutory requirement.
Statutory element two – publishing complaint handling procedures (CHP)
In April 2021, following extensive consultation with all public bodies, including Moray Council, SPSO issued the revised and current CHP.
SPSO followed a similar extensive consultation process and, in July 2024, issued Child Friendly Complaints guidance on how Moray Council should deal with complaints involving children.
SPSO staff attend and contribute at quarterly Local Authority Complaint Handler Network (LACHN) meetings.
I consider this to be effective resourcing to meet this statutory requirement. The LACHN affords them opportunity to monitor and support best practice in complaint handling.
Statutory element three – Independent Review Service for Scottish Welfare Fund (SWF)
We have direct involvement with the SPSO when a decision we have made, that hasn’t gone in the favour of one of our customers, is referred to SPSO.
Our process is, we make a decision, if the customer doesn’t accept the decision, they can ask for a First Tier review. The First Tier Review is then looked at by another member of staff who will go over the case again and either make no changes to the original decision or change it in favour of the customer.
At this point, if the First Tier review still isn’t to the satisfaction of the customer, they can make a request for the SPSO to review the application.
We had one such referral to SPSO on 24 March 2022 with no further referrals to date.
Our staff have received recent training from SPSO relating to Scottish Welfare Fund issues.
The training was delivered via TEAMS and included other LA’s. Our staff have found this valuable and informative in aiding their decision process.
Our staff have been involved in one on one chats with the SPSO advisors for advice on particular a application the approach to follow for a difficult claim.
I consider this effective resourcing to meet the statutory requirement.
2. Is it still appropriate and achievable for the SPSO to deliver all three of its statutory functions?
Please provide your response in the box provided.
Appropriate – Yes
Achievable – If they retain the current staff and carry out these functions in the same manner as at present - Yes
Achievable – If they retain the current staff and carry out these functions in the same manner as at present - Yes
3. To what extent is the Scottish Public Services Ombudsman discharging its duties to deal with complaints effectively?
Please provide your response in the box provided.
As previously detailed in question 1 - statutory requirements are being fully met.
4. How effectively is the SPSO supporting best practice in complaints handling for bodies and how does this balance with its duties to investigate complaints against those same bodies?
Please provide your response in the box provided.
They support best practice through:
Guidance published and made available on their website.
SPSO attendance at and consultation through the Local Authority Complaint Handers Network.
There have been occasions when I have asked for advise on a complaint matters and they have declined to provide this explaining their requirement to maintain their independent scrutiny status. They have responded with advice on general queries.
They require us to report to Committee and SPSO on KPIs and publish a complaints annual report.
Guidance published and made available on their website.
SPSO attendance at and consultation through the Local Authority Complaint Handers Network.
There have been occasions when I have asked for advise on a complaint matters and they have declined to provide this explaining their requirement to maintain their independent scrutiny status. They have responded with advice on general queries.
They require us to report to Committee and SPSO on KPIs and publish a complaints annual report.
5. To what extent is the SPSO performing its duties in a way that meets with international standards for ombudsman and how does its performance compare with ombudsman in other countries?
Please provide your response in the box provided.
The international standards comparison aspect is not something I am in a position to comment upon.
I can advise that I attended a Local Authority Complaint Handlers Network where the Public Services Ombudsman for Wales was also in attendance as a guest. They commented on the excellent reputation that the Scottish SPSO had and their attendance aim was to learn and take best practice ideas from the Scottish approach to complaint handling.
I can advise that I attended a Local Authority Complaint Handlers Network where the Public Services Ombudsman for Wales was also in attendance as a guest. They commented on the excellent reputation that the Scottish SPSO had and their attendance aim was to learn and take best practice ideas from the Scottish approach to complaint handling.
Question page 2
6. Is the SPSO performing its functions in such a way as to encourage complaints from all areas of society? Could more be done to broaden access to the complaints process?
Please provide your response in the box provided.
The SPSO complaint handling procedure does include guidance on how to manage complaints from vulnerable groups.
Following extensive consultation, SPSO have recently introduced national guidance on how local authorities should deal with Child Friendly Complaints.
SPSO staff are also working with National Care Service staff who have a government remit to improve complaint handling for vulnerable groups.
Both of these approaches will broaden access to the complaints process.
Following extensive consultation, SPSO have recently introduced national guidance on how local authorities should deal with Child Friendly Complaints.
SPSO staff are also working with National Care Service staff who have a government remit to improve complaint handling for vulnerable groups.
Both of these approaches will broaden access to the complaints process.
7. Is the remit of the SPSO and the delineation of that remit from other bodies sufficiently clear?
Please provide your response in the box provided.
Yes.
Following extensive consultation, SPSO devised and published the CHP to set the standard. We were required to produce our own CHP which SPSO approved to ensure it met their standard. We were not permitted to use their CHP to ensure they maintained an independent status.
Where we contract work out to another agency, then unless that agency has a complaint process similar to the SPSO standard, SPSO would require us to deal with the complaint.
As previously stated, SPSO will only consider a complaint once we have considered it fully through our complaints handling process.
This makes the delineation quite clear.
Following extensive consultation, SPSO devised and published the CHP to set the standard. We were required to produce our own CHP which SPSO approved to ensure it met their standard. We were not permitted to use their CHP to ensure they maintained an independent status.
Where we contract work out to another agency, then unless that agency has a complaint process similar to the SPSO standard, SPSO would require us to deal with the complaint.
As previously stated, SPSO will only consider a complaint once we have considered it fully through our complaints handling process.
This makes the delineation quite clear.
8. Does the SPSO have all the powers it needs to perform its role effectively and how do its powers compare with ombudsman in other countries? Would there be benefit in the SPSO having a power to initiate investigations?
Please provide your response in the box provided.
SPSO have sufficient powers to perform its role effectively as detailed on their website. They have the power to access any data we retain relating to a complaint. They have can make recommendations of us and taken enforcement action against local authorities if they don't comply.
SPSO can refer complaints to us if we haven't been afforded the opportunity to consider them. (known as premature complaints) I view this as them having the power to initiate a complaint.
I am not in a position to comment ombudsman comparisons with other countries as I deal exclusively with SPSO.
SPSO can refer complaints to us if we haven't been afforded the opportunity to consider them. (known as premature complaints) I view this as them having the power to initiate a complaint.
I am not in a position to comment ombudsman comparisons with other countries as I deal exclusively with SPSO.
9. Is the level of parliamentary scrutiny and oversight of the SPSO sufficient?
Please provide your response in the box provided.
Yes.
SPSO regularly report to parliament and address any issued that may be raised.
SPSO regularly report to parliament and address any issued that may be raised.