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Following is a question by the Hon Leung Kwok-hung and a reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (November 13):
Question:
The Social Welfare Department (SWD) has currently entrusted the operation of integrated family services in some districts to the integrated family service centres (IFSCs) under non-governmental organisations. I have received complaints alleging that the officers-in-charge or social workers of such IFSCs have often directly rejected the applications for welfare services (such as compassionate rehousing, the Conditional Tenancy Scheme or splitting of public rental housing tenancy) by victims of domestic violence and other members of the public (assistance seekers), without referring the cases to SWD for assessment. In this connection, will the Government inform this Council:
(a) whether it has studied if the aforesaid assistance seekers may apply for judicial reviews against the decision of the staff of IFSCs of rejecting their applications for welfare services; if the outcome of the study is in the negative, of the justifications;
(b) where the staff members of IFSCs have committed rule-breaking acts in providing family services or their acts have been ruled by the Equal Opportunities Commission, the Office of The Ombudsman or the Court as rule-breaking or illegal, whether the Government has any mechanism to impose penalties on such staff members or the IFSCs for which they work; if there is such a mechanism, of the details, including whether it will immediately terminate the service contracts with IFSCs and withhold disbursement of grants to them; if there is no such mechanism, whether the performance of IFSCs is not subject to any supervision; and
(c) whether SWD will take over the integrated family services currently provided by IFSCs, so as to protect the legal rights of the public and ensure the quality of integrated family services; if it will, of the time when such services will be taken over; if not, the reasons for that?
Reply:
President,
My reply to the Hon Leung Kwok-hung's question is as follows:
(a) and (b) In 2004-05, the Social Welfare Department (SWD) set up Integrated Family Service Centres (IFSCs) by integrating various family services and resources. Operated by SWD and non-governmental organisations (NGOs), IFSCs provide a spectrum of preventive, supportive and remedial family services to address the changing needs of families.
IFSCs also make referrals of applications for housing assistance, including the Compassionate Rehousing and Conditional Tenancy Schemes, as appropriate for people who cannot resolve their genuine, imminent and long-term housing problems by themselves. In assessing the need of an individual/family for a particular welfare service and in making relevant recommendation, social workers of SWD and NGOs alike will adhere to the established mechanism and the same set of procedural guidelines. An objective and professional judgment will be made in the light of the actual circumstances of the case.
All NGOs receiving subvention from SWD are required to implement 16 Service Quality Standards, which stipulate that each service user has the right and freedom to raise his/her dissatisfaction against an agency or a service unit, and the complaints should be properly addressed. If a service user is not satisfied with the assessment of his/her application made by an individual social worker or the officer-in-charge of the service unit, he/she may lodge a complaint with the management of the agency concerned in accordance with the established complaint handling policy and procedures of the agency.
To ensure the service quality of NGOs under the Lump Sum Grant Subvention System, all subvented NGOs are monitored by SWD with reference to the requirements of the Service Performance Monitoring System. These NGOs should ensure that their subvented services meet all the requirements under the Funding and Service Agreement (FSA) that they have signed with SWD, including essential service requirements, output/outcome standards and Service Quality Standards. SWD will evaluate the performance of various subvented services in accordance with the FSA.
If a subvented service unit is assessed to be failing to comply with the standards set out in the FSA, it must submit a service improvement programme. SWD will examine the programme and monitor implementation of the improvement measures. If a service unit has been ruled by the Equal Opportunities Commission, the Office of The Ombudsman or the Court as having committed rule-breaking acts or being unlawful, it must undertake follow-up action. If the performance of the agency continues to fail to improve, or the agency fails to take suitable follow-up action on any irregularities, SWD may consider withholding or terminating the subvention to the agency.
Under Article 35 of the Basic Law, Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and their personnel. Whether leave for judicial review would be granted in individual cases will be decided by the court having regard to the facts and arguments in each case.
(c) The existing arrangement for SWD and NGOs to operate IFSCs to provide welfare services for those in need has worked well for years. SWD has no plan to take over the family services currently provided by NGOs. SWD will continue to ensure the service quality of NGO service units through the existing monitoring system.
Ends/Wednesday, November 13, 2013
Issued at HKT 14:28
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