Children's Social Care statutory complaints process
Children's Social Care statutory complaints process
The same core principles outlined in sections 1 to 18 of this policy also apply to Children’s Social Care complaints, but the statutory process, set down by central Government, means that there are different stages and timescales that we must follow.
The statutory process (governed by The Children Act 1989 Representations Procedure (England) Regulations 2006) covers children, young people and those who are closely connected with them or representing them.
As with service complaints, we will always attempt to resolve matters informally and at the earliest opportunity wherever possible.
Only complaints relating to specific sections of the Children Act can be investigated under the statutory process, being:
- Part 3 of the Children Act (sections 16 to 30A)
- Part 4 - Sections 31, 33, 34 or 35
- Part 5 - Sections 43 and 44
- Specific sections of Adoption Services regulations
- Specific sections of Special Guardianship Regulations 2005
These will usually include assessments and services relating to:
- Children in need
- Looked after children
- Special Guardianship support
- Post-adoption support
The following tend to be outside the scope of the statutory process:
- Early Help
- Child protection, including Section 47 enquiries and conferences
- Assessments of potential foster carers and adopters
- Foster carer registration
- Section 7 and Section 37 court reports
Usually, we will not be able to investigate a statutory complaint if the same matters are being investigated concurrently through court, criminal or tribunal proceedings. Once the concurrent investigation has been concluded, you have up to one year from the conclusion to resubmit your complaint to the council should you wish. However, you cannot use the statutory complaints procedure to appeal against a court decision.
The Children’s Social Care statutory process has three stages:
Stage 1 - Local resolution
This follows the same process as for stage 1 service complaints (see section 13). Where possible, we will look to resolve the matter informally for you within three working days, without the need for escalation through the formal complaints process.
Where early resolution is not possible or an informal approach is not considered appropriate, the Service Recovery team will log and acknowledge Statutory complaints within three working days of receipt by the Council. The complaint will then be allocated to an appropriate senior officer or manager in the relevant service area for investigation and response.
If, following the stage 1 response, you are not satisfied with the outcome or the way your complaint has been managed, and we are unable to informally resolve your outstanding concerns, you can ask for your complaint to be reviewed at stage 2 of the statutory complaints process,
Stage 2 - Independent investigation
You have 20 working days from the date of the stage 1 response to request the Service Recovery team escalate your complaint for review at stage 2.
The Service Recovery team will acknowledge your escalation request within three working days (the day of receipt is day zero) and allocate it for independent investigation.
All contact will usually be by email if the complaint was made electronically, or if you have not indicated any other preferred method of communication.
Stage 2 investigations will be conducted by a commissioned Independent Investigating Officer and Independent Investigating Person, who will arrange to take a Statement of Complaint from you.
Once the Investigating Officer has completed their investigation they will prepare a report for the council, setting out their findings and recommendations. A senior manager will act as Adjudicating Officer and prepare a response to the report, setting out what decision has been reached, details of any actions to be taken and when they will be completed.
The aim is to provide a detailed response and adjudication of stage 2 complaints within 25 working days of receipt, but this may be extended to up to 65 working days for complex complaints which require a longer investigation. If so, we will contact you to explain the reason(s) for the extension and the new date for response.
If you are still not satisfied with the outcome or the way your complaint has been managed at stage 2, you can ask for your complaint to go to a Review Panel at stage 3 of the statutory process.
Please note that in some cases we may advise that, following the conclusion of stage 2, if the presenting facts indicate that reasonable, appropriate consideration of the complaint has been undertaken at stage 2 and that further consideration by a Review Panel would not produce a demonstrably different outcome, we may suggest early escalation to the Local Government and Social Care Ombudsman instead.
Stage 3 - Review Panel
If you are still not satisfied with the outcome or the way your complaint has been managed at stage 2, you can ask for your complaint to be considered by an independent Review Panel at stage 3 of the statutory process.
The purpose of the Review Panel is to look at whether your complaint was dealt with adequately at stage 2. It will not reinvestigate the complaint, nor will it consider any substantively new complaints that have not first been considered at stage 2.
You have 20 working days from the date of the stage 2 response to request the Service Recovery team to escalate your complaint for review at stage 3.
The Service Recovery team will acknowledge your request within two working days of receipt (the day of receipt is day zero).
All contact will usually be by email if the complaint was made electronically, or if you have not indicated any other preferred method of communication.
The Independent review Panel will be convened within 30 working days of receipt of your request. You will be advised of the date and location and invited to attend at least 10 working days before the Panel meets.
You may attend the panel hearing to present your case, but you do not have to. You also have the right to be accompanied by another person at the meeting and can ask them to represent you and speak on your behalf if you wish.
The Independent Review Panel will be made up of three commissioned people who are not connected with the Council. The Panel will listen to all parties, consider the adequacy of the stage 2 investigation, and obtain any further information and advice that may help resolve the complaint to all parties’ satisfaction. The focus is on achieving resolution by addressing the complaint and desired outcomes.
After the Panel has concluded, it has five working days to report its findings to the Council, which will include recommendations for resolution of the issues and the reasons for them. You will also be sent a copy of the report.
We will consider the Panel’s decision and respond to their recommendations within 15 working days of receiving the report, advising you of what action will be taken.
Not every complaint can be resolved and not everyone will agree with suggested ways of resolving their concerns. If you remain dissatisfied after the Council’s response, you can ask the Local Government and Social Care Ombudsman to review your complaint.