A recent Local Government and Social Care Ombudsman investigation has provided an important reminder for councils and commissioning organisations: while services can be delivered by third-party providers, accountability for safeguarding remains with the commissioning authority.

The investigation followed serious failings in commissioned homecare services in Portsmouth. Concerns included failures to follow care plans, issues relating to medication and nutrition management, inadequate care provision and poor record keeping. The Ombudsman also found that safeguarding enquiries were significantly delayed and that the council relied too heavily on the provider’s own investigation rather than undertaking sufficient independent scrutiny.

The case highlights a key challenge for organisations that commission services. Effective commissioning extends beyond procurement and contract award. It requires ongoing oversight, robust contract management and clear assurance that services are being delivered safely, effectively and in line with statutory obligations.

For senior leaders, boards and governing bodies, the findings raise a number of important questions:

  • Are safeguarding concerns escalated and investigated promptly?
  • Are provider performance and service quality subject to appropriate challenge?
  • Do contract monitoring arrangements identify emerging risks effectively?
  • Is assurance information reaching decision-makers in a timely manner?
  • Is sufficient independent verification taking place, rather than relying solely on provider self-assessment?

The case also highlights the wider risks associated with commissioned services. Weak oversight can expose vulnerable individuals to harm, create significant reputational damage and leave organisations vulnerable to regulatory scrutiny. Strong governance arrangements are therefore essential to ensure issues are identified early and addressed before they escalate.

Independent assurance has a critical role to play in this process. Reviews of safeguarding governance, commissioning arrangements, contract management processes and risk management frameworks can help organisations strengthen controls, improve oversight and gain confidence that statutory responsibilities are being met.

How TIAA Can Help

TIAA works with local authorities and public sector organisations to provide independent internal audit, governance reviews, risk management services and safeguarding assurance. Our specialists help organisations assess commissioning arrangements, strengthen provider oversight and provide assurance that risks are being effectively identified and managed.

As this case demonstrates, safeguarding responsibilities cannot be delegated. Strong governance, effective oversight and independent assurance remain essential to protecting vulnerable individuals and maintaining public confidence.

Source –Ombudsman warns over safeguarding failures after Portsmouth scandal | LocalGov