I got a really good point by point answer to a letter I wrote the Ombudsmans office NSW. But I need help understanding it. This will take a few posts:

Thank you for your concerns regarding the way in which services are monitored. As you are aware the Community Services Division of the NSW Ombudsman is an oversight body which has the power to conduct inquires or investigations into NSW government departments such as DoCS, DADHC and those services which are funded by those departments DoCS and DADHC.

There are a number of guiding principles that we work towards in our dealing with complaints and like the Children’s Guardian one of our key focuses is to ensure the best outcome for the client or service receivers.

When we receive a complaint we generally give an agency the opportunity of dealing with the matter internally before we get involved. This is of course unless we deem that the matter is so serious, or is part of a systemic pattern, and we investigate ourselves or forward it to another agency to investigate.

I would like to deal with your inquiry in relation to the specific you have raised. You will of course appreciate that no actual case can be discussed.

1. No recourse – duty of care
Let me assure you that this office does track the pattern of complaints received against a service, including the NGO’s. Once a pattern has been established or identified we work with the senior officer of the agency to formulate how the identified problems might be resolved and how, through training or different work practices, they might be avoided in the future.

If a service such as DoCS or DADHC do not accept our recommendations and demonstrate an unwillingness to change or train their staff in the areas identified then the matter is escalated to the Ministerial level and could be addressed in Parliament.

1. Return of complaints to DoCS – Local Offices
As I have stated above we generally allow a service or organisation to deal with their complaints internally prior to our involvement. In the Community Service Division we are governed not only by the Ombudsman Act but also by the Community Service (Compliant, Review and Monitoring) Act which is known as CS-CRAMA. Under CS-CRAMA there is a requirement that we look to resolve complaints rather than take other action. So in line with that we do send a lot of complaints back to a service with a view to resolving them. These complaints do generally go through a chain of command to the local offices that have the responsibility of meeting with and dealing with the complainant. Once the agency has met with the complainant they have a responsibility under CS CRAMA to report back to us on the result of the resolution. We then generally contact the complainant to ensure the matters have been dealt with appropriately.

If we find that the matters have not been able to be resolved we look at the issues and again contact the complainant and assess if further steps should or could have been taken. If we deem that a service or NGO have exhausted their attempts to resolve the issues and we are satisfied that the issue does not form part of a greater systemic problem we might write to a complainant and still close the complaint.

For those complainants that fall into the serious or systemic category we may carry out our own investigation or in the case of an agency direct them to carry out an investigation along the lines as dictated by us. Prior to the commencement of the investigation the agency is required to provide us with a plan of action as to who, when and how then intend to proceed and we then set agreed time frames. Without going too far into this, there are requirements that must be met and if they are not then we re-assess the matter as to whether we directly involve ourselves inthematterornot.

1. Accumulation of complaints – Various locations.
I stated briefly above we do track not only by number but also by class and kind complaints received about an agency. We have a Systemic Review unit within this office and if an area of concern is identified then we may meet with the agency to discuss how the systemic issues can be resolved. We speak to the service/NGO about their policies, practices and procedures, so as to ensure the mechanisms are there upon which change can be made (if required or identified).

2. Life Without Barriers – Multiple complaints
I do not intend to discuss the number of complaints that a service or NGO has. It is suffice to say that any large organisation that works with people is subjected to complaints. The Ombudsman’s Office is working in the areas stated above not only with LWB but a number of services to minimise, identify and resolve the complaints. We offer advice and training in a range of areas to enhance the skills of those services and also ensure that the services themselves have minimum standards in a wide range of areas when they are dealing with individuals in their system.

3. Do you (Ombudsman Office) take accreditation away
No. This office has no authority to remove an agency’s accreditation.

4. Multiple complaints against an agency regarding foster children
This office also has a Child Protection Division who specifically look at incident of abuse against children that are under the responsibility of a service or an organisation that is funded, accredited or licensed by a service. In looking at the complaints that stem from this area we look at the individual carers as well as how they were assessed to be carers in the first instance. We look at a service’s screening and training program as well as their on going monitoring of those people who are in care.

For your information we are currently conducting an ‘in care review’ which will give us an indication of how services carry out their responsibilities in regard to care receivers. We do this type of work regularly not only in the area of Foster Caring but also in the Disability and Aged care sectors.

Again thank you for your concerns and I hope this has assisted you in obtaining a better understanding of our role as an Ombudsman

its not complicated they say we study paterns..<<..Once a pattern has been established or identified..we work with the senior officer of the agency..to formulate how the identified problems might be resolved and how,...through training or different work practices..>>i thats all we do

<<If a service..do not accept our recommendations..and..demonstrate an unwillingness to change or train..then the matter is escalated to the Ministerial level and could be addressed in Parliament.>>so the minester can <..MAYBE chance a law..[not proicute any individual]..no-one does prosocution..it seems

its a classic case of a toothless oversight body..looking at the big picture..[not individual cases]w..ho deal with problems by/via..a<<..number of guiding principles..that we work towards in our dealing with..complaints>>..by quoting revising and negotiating specific principles..over generalised problems

they dont investigate/nor prosicute..they<<..to deal with your[PROBLEM by turning it into an]..inquiry..in relation to the specific you have raised.>>>that then get filed no doudt under ngo/incident type and be forgotten

<<You will of course appreciate..that no actual case can be discussed.>>>..saying unspoken..we know the ngo's certainly appriciate our policy/methods..and are concerned only re generalities[doing nothing specificly..

[except..<<we deem that a service or NGO have exhausted their attempts to resolve the issues..and we are satisfied that the issue does not form part of a greater systemic problem..we might write to a complainant and still close the complaint.>>...you got your letter [complaint closed]

ok thats about all that was said..[i will now repeat it three times..so you get a bulky letter and hopefully give up reading it..and go away...

i think thats what its saying..lets hear what others think

we..track..only..by number..by class and kind [of]..complaints received about an agency.

We have a Systemic Review unit within this office [only]

and if an..area of concern...is identified
then we...may meet..[with the agency].. to discuss

how the..systemic issues..can be resolved.

We speak to the service/NGO about their policies,
we speak to agencies about their practices and procedures,

so as to ensure the mechanisms are[or appear to be] there upon which change [to policies /practices and procedures]..can be made(if required or identified).

2. Life Without Barriers – Multiple complaints
I do not intend...CANNOT}..discuss the number of complaints that a service or NGO has.

It is suffice to say that any large organisation that works with people is subjected to complaints...[who simply get colated to refine policy]

The Ombudsman’s Office is working...a number of services to minimise, identify and resolve the complaints.

We offer advice and training...of those services and also ensure that the services themselves have minimum standards...

Child Protection Division who specifically look at incident of abuse against children...that are under the responsibility of a service or an organisation that is funded, accredited or licensed by a service.

In looking at the complaints that stem from this area...we look at the individual carers..as well as how they were assessed to be carers in the first instance.

We look at a service’s screening and training program