Agenda item

Report attached.

The Sub-Committee received the Children’s Services Complaints, Comments and Compliments Policy. It was stated that local authorities have a statutory requirement for complaints which are set out in The Children Act 1989 section 26 and The Children Act 1989 Representations Procedure (Children) Regulations 2006. 

The Sub-Committee noted that the policy sets out how the service would deal with statutory complaints and compliments.

The Policy outlined the statutory complaints process for Children Services for children or young person who are looked after by the local authority or child in need, fostering, adoption or Special Guardianship arrangements and care leavers to the local authority.  Also for parents, someone with parental responsibility or a person with sufficient interest in the child can make a complaint on behalf of a child or young person, with the consent and views of the child where appropriate.

The statutory complaints covers the social care functions of the service in relation to a child or young person looked after by the local authority, a child in need, adoption, fostering and Special Guardianship arrangements and care leavers to the local authority.

A complaints involving the court would be determined with legal advice whether a complaint can progress under the statutory procedure without prejudicing proceedings.

A complaints involving other organisations or another local authority may need referring to the relevant organisation or local authority where the service would provide a coordinated response.

Where a complaint had been investigated under the complaints procedure or by the Local Government & Social Care Ombudsman or Parliamentary & Health Service Ombudsman; or where there are court proceedings, tribunals or disciplinary or criminal proceedings, such would not be considered. It was stated that data subject requests and Freedom of Information requests do not fall within the complaints arrangements. 

The process detailed that confidentiality would be maintained unless legally obliged to disclose and the time limit for making a complaint was 12 months.

There were three stages in the process. 

·         Stage 1 would try and seek local resolution and respond within 10 – 20 working days.  If dissatisfied the complaint could escalate to Stage 2. 

·         Stage 2 - independent investigation, carried out by an Independent Investigator and Independent Person. The reports are sent to the local authority, adjudicated on by the Assistant Director/Director, who would respond giving their decision providing the reports.  The Stage 2 takes between 25 – 65 working days to conclude from the date the Statement of Complaint is agreed.  If dissatisfied the complaint can escalate to Stage 3.

·         Stage 3 – Review Panel, its purpose was to review the Stage 2 investigation.  The Panel held within 30 working days with the Chair providing recommendations to the Assistant Director/Director within 5 working days following the Panel.  The Assistant Director/Director would respond giving the decision within 15 working days following receipt of recommendations.

It was explained that complaints or providing feedback, including compliments, were able to be made in various ways and support or assistance could be provided for those making a complaint, through advocacy or alternative methods of contact. 

The report informed that the services was committed to using complaints as a learning tool to help improve practice and standards and compliments to inform good practice through quarterly Service Improvement Boards.

Members note the content of the Children’s Services Complaints, Comments and Compliments Policy.