To inform the committee of performance in the areas of complaints, data incidents and requests for information made to the council over the municipal year 2023/24.

The committee considered a report on performance in the areas of complaints, data incidents and requests for information made to the council over the municipal year 2023/24.

The Information Governance Manager (IGM) informed the committee that the information held in the report was from 1 May 2023 to 30 April 2024. The following points were highlighted:

·       834 Freedom of Information (FOI) and 130 Environmental Information Regulation (EIR) requests had been dealt with by the Council which was a decrease from the previous year. This was thought to be due to the publication of the disclosure log detailing past requests and responses. More requests have also been dealt with as “business as usual”.

·       Requests answered within the statutory 20 working days was 98.6%, which exceeded the Council's target of 95% compliance.

·       Three cases were referred to the Information Commissioner’s Office (ICO) and in all cases the ICO upheld the council’s decision.

·       207 requests from individuals asking for their own personal data (SARS) were received with a response rate of 78%, which fell below Council target.

·       260 low-level data security incidents were reported during the period. 4 of those met the threshold for reporting to the ICO. In 3 of those cases, they were satisfied with how the Council had dealt with those breaches and 1 case the decision was still pending.

·       It was noted the fact the number of breaches were high was not necessarily a cause for concern and was likely from a high level of staff awareness due to mandatory training processes in place for reporting such issues and an open culture around reporting things which have gone wrong.

The Complaints and Children’s Rights Manager (CCRM) informed the committee that:

·       483 corporate complaints had been received during the municipal year a decrease from 734 the previous year.

·       158 service requests had been received.

·       102 statutory children's complaints had been received, 55 of which were sent to the ombudsman. Of those 55, only 10 were investigated and only 8 were upheld.

·       In 100% of cases the council had complied with the recommendations made by the Local Government and Social Care Ombudsman (LGSCO) to bring cases to resolution. 

·       The council paid out a total sum of £250 as advised by the LGSCO for the period of 1 April 2023 to 31 March 2024, a notable decrease from the £2200 paid to complainants 1 April 2022 to 31 March 2023.

In response to committee questions, it was noted:(please also see actions below).

1.     The CCRM did not feel the increase in children's complaints was a cause for concern and that the process for making a complaint was much more accessible.

2.     The CCRM explained that predominantly families are making the complaints on behalf of the children, but when a complaint is received from a child or young person, they are supported through the advocacy service. If a parent or a family member or foster care is complaining on behalf of the child, If they are age appropriate (generally from 12 years) the team would ensure that the child knows about the complaint and if they consent for the complaint being made would try to give them the option of putting the complaint in themselves rather than the family doing it.

3.     The CCRM advised on the recording of complaints when multiple complaints are received on the same subject matter.

4.     The IGM confirmed that along with the disclosure logs detailing previous requests and where to find the information, the frequently asked questions page, service areas were also being encouraged where recurring themes were being asked, that they should make the information available on the website. 

5.     The CCRM provided the committee with an overview of the Advocacy Service which was welcomed by the committee.

6.     The CCRM advised the committee that any child in the care of Herefordshire, no matter where they were living in the country, will have access to the “hear me” service. This can involve travelling out of County or just talking over the phone. Every local authority should have an advocacy service. It was noted that two local authorities had asked to spot purchase Herefordshire’s advocacy service for children that have been placed here, which is not something currently offered but is being investigated. 

RESOLVED

That the information set out in the report is noted.

Action(s)

2023/24-038 The IGM would provide the committee with data on the number of duplicate FOI requests received that had previously been asked and answers published on the Councils website.

2023/24-039 The IGM would feedback improvements needed to the council search engine, which could aid in receiving fewer duplicate requests.

2023/24-040 The IGM would ensure the disclosure log was labelled with the Open Government Licence (OGL).