Ombudsman 2025 Report
A troubling report by the Public Services Ombudsman for Wales[1] concerning a council’s refusal to escalate a social care complaint to Stage 2 of its complaints process, in line with the Social Services Complaints Procedure (Wales) Regulations.[2]
The Council accepted the complaint and issued a Stage 1 response, but then refused to consider a Stage 2 investigation as it considered that this would not change its position. As the ombudsman pointed out, the council does not have the discretion to refuse to escalate a complaint for this reason: that entitlement is ‘absolute and is not dependent on whether the Council believes that escalation is likely to reach a different conclusion’.
In so finding the ombudsman expressed concern ‘that there may be a systemic issue in the Council’s approach’ – not least because her office had recently dealt with a similar complaint which identified the same failing by the same Council. In the ombudsman’s opinion the fact that the issue has reoccurred ‘suggests that there may be other individuals who have, similarly, been denied their entitlement for an independent review of their complaint and that, if this approach were to persist, may also impact others in the future‘.
The ombudsman’s recommendation (at para 23) included that within 6 months the Council should: (a) undertake an audit of all complaints that it has received in the last 2 years to identify any complaints it had declined to investigate in line with the Regulations, and report the findings of the audit to the Ombudsman; and (b) offer any such complainants, who have been previously denied the opportunity to have their complaint considered at Stage 2, that opportunity, if it is practical to do so.
[1] Public Services Ombudsman for Wales Report 202501588 concerning Flintshire Council 20 November 2025
[2] The report, at para 1, refers to The Social Services Complaints Procedure (Wales) Regulations 2005, but these were repealed by The Social Services Complaints Procedure (Wales) Regulations 2014. However, it is clear from para 23(d) of the Ombudsman’s report that the intention was to refer to the 2014 regulations.
Photograph of ‘Glynllifon’ by Richard Jones -@lluniaurich
Posted 28 November 2025