Elderly and vulnerable residents at a Falkirk housing complex have rejected a council apology after a watchdog upheld their complaint over care changes.
The Scottish Public Services Ombudsman (SPSO) found that the consultation, appraisal and decision‑making process behind plans to remove in‑house care staff and services at Tygetshaugh Housing with Care complex in Dunipace was unreasonable.
Care at the complex was transferred from council staff to external providers in February, despite strong opposition from residents and families.
The Ombudsman’s ruling focused on failings in the process rather than the move itself.
It is believed to be the first time a complaint against an Integration Joint Board (IJB) has been upheld in this way.
The community, which mounted a lengthy campaign against the changes, have called for council representatives to meet them “face-to-face” to explain the decision.
STV NewsFalkirk councillor Brian McCabe, whose mum lived in the complex for five years before she passed, thanked residents and families for their hard work at a coffee morning in the complex.
“The fact that an apology has to be given shows how right residents were,” he said.
“Tygetshaugh is a wonderful asset; we should have been looking after it better than we have done. I can only apologise that we weren’t able to halt the decision altogether.”
Tygetshaugh Court, a Falkirk Council-run housing with care complex built in 1985, provides independent living for older people, with individual flats and cottages alongside shared communal spaces and a 24/7 telecare system.
Those living there had historically been supported by council-employed care staff. However, Falkirk Health and Social Care Partnership (HSCP) proposed moving to external providers – a change expected to save around £150,000 annually and help address a projected £21m budget gap over three years.
The IJB considered four housing-with-care complexes – Dorrator Court, Glenbrae Court, Glenfuir Court and Tygetshaugh – before selecting Tygetshaugh as the site for the change.
‘Don’t do this to other vulnerable people’
STV NewsCraig Rennie, chairperson of the local community council, criticised the consultation process, saying residents had not been properly engaged.
“They expected people to respond to their consultation, but they didn’t make an effort to engage with the local community,” he said.
“Residents were settled, well cared for and happy. Then they were put into uncertainty – fear, worry, and upset – and that affected their families too.”
He added that decisions appeared to prioritise cost savings over residents’ wellbeing.
“The biggest concern was that this was about saving money to address an overspent budget, when in actual fact, moving some of these people into nursing homes because they couldn’t cope would cost far more.”
Following the Ombudsman’s ruling, Falkirk Health and Social Care Partnership issued a written apology directly to the residents who brought the complaint, acknowledging failures in consultation and engagement.
“The apology means all the hard work, all the effort put in by residents and families was worth it; that they were correct in what they said.
“I wish Falkirk Council had thought about that before proposing the arguments they put forward.
“The best way to right this wrong is not to do it to other vulnerable people.”
‘It’s disgusting – residents deserved better’
STV NewsVictoria Kirkwood’s mum has complex needs, including Wernicke’s, COPD and emphysema, as well as cognitive impairment and no mobility in her legs.
She said continuity of care had been vital to her mother’s wellbeing, particularly given her anxiety and brain injury.
“When she came here, it was the same faces, and she built up a relationship with the staff. She didn’t have to learn new names or trust different people,” she said.
Victoria said families were not properly consulted, with engagement largely carried out online.
“How’s someone with cognitive issues or of a certain generation meant to work online? One of them is 100 this year – how are they meant to do that?” she said.
She said families were presented with three options for arranging care, including taking on responsibility as an employer, selecting a provider themselves, or having one assigned with no input.
“We went for an option where I could check reviews, complaints and care reports.”
Since the changes, she said many residents no longer see the same carers regularly.
“You very rarely see the same face twice,” she said.
Calling the situation “disgusting”, she added: “These residents deserve better.
“They’ve never been able to come and say, ‘we hold our hands up, we’ve done wrong.’
“It’s too late – the decision is made, the damage is done – but a face-to-face meeting is all we want.”
Victoria said it would be “amazing” if the council would reverse the decision.
“It would bring the community back to feeling like a family again.”
‘A bit of paper means nothing’
Among those affected are Robert and Anna Kilpatrick. Robert has Parkinson’s disease, COPD, dementia and requires oxygen support, with carers visiting four times a day.
While the couple have been fortunate enough to retain the same carers as before, they said the changes to care arrangements were daunting.
“They’re the best carers in the world. We’ve been very lucky compared to some of the others.
“They were going to bring in people we’d never seen before, who knew nothing about us,” she said.
“It was a nightmare. Pressure all the time – worrying who would come, if they’d be on time, if they understood his needs.”
She said the apology ordered by the Ombudsman did not go far enough.
“A bit of paper means nothing,” she said. “Anybody can write that. We want them to come speak to us and tell us why and how they got there.”
The complaint, brought by relatives, argued that the consultation process was flawed, including reliance on online engagement, which disadvantaged many residents.
The SPSO investigation examined whether it was reasonable not to directly consult residents and families, whether the Equalities Impact Assessment was adequate, and whether the process used to select Tygetshaugh was fair.
Upholding the complaint, the Ombudsman concluded the overall process was unreasonable and instructed the HSCP to apologise.
Despite the ruling, the care changes – which were delayed following public opposition – have already been implemented, and Falkirk Council has previously said it would not ask the IJB to reconsider the decision.
A spokesperson for Falkirk Health and Social Care Partnership said: “The Partnership has accepted the findings of the Ombudsman and offers a sincere and unreserved apology to residents and their families.
“While the Ombudsman has noted the decision was ultimately a matter for the Integration Joint Board, it is clear that aspects of our approach to consultation, impact assessment, and communication fell short of the standards expected.
“A detailed lessons learned exercise has already been completed, with actions taken to improve the future development of proposals, engagement, and equality impact assessments.
“We thank the families and residents involved for taking the time to raise their complaint and engage with the process. This has ensured future decisions will be better informed, more transparent, and more meaningfully shaped by the views of those affected.”
Follow STV News on WhatsApp
Scan the QR code on your mobile device for all the latest news from around the country
