Making a complaint about a child protection conference
Publicising access and awareness to the procedure
Stage One - Local Resolution
Stage two - Formal Investigation
Stage Three - Complaint Review Panel
Complaints made against individual agencies
Introduction
This procedure has been developed in response to LASS (2001) 02 which states,
Parents/carers and, on occasion, children may have concerns about which they wish
to make representations or complain, in respect of one or more of the following
aspects of child protection conferences:
The process of the conference; The outcome, in terms of the fact of and/or
the category of initial or continuing registration; A decision not to make a child subject to a child protection plan, to
cease a child protection plan nor to continue a plan
LASS (2001) 02 replace Working Together to safeguard Children Paragraphs 5.71 –
5.73.
LASS (2001) 02, states that complaints should be,
- Dealt with by social services, since they relate to Part V of the Children Act
1989 and responded to in accordance with the Complaints Directions 1990. - Responded to by the local authority establishing an inter-agency panel
comprising of senior representatives of CYSCB member agencies. - Dealt with by the inter-agency panel that will consider whether the relevant
protocols and procedures have been correctly observed and whether the
decision being complained about follows reasonably from the proper
observation of the protocols and procedures.
If following the process, the complaint is upheld, the panel should refer any
recommendation regarding registration to a reconvened child protection conference.
The reconvened conference should be held as soon as possible under the authority
of a different Chairperson, who should take fully into account the recommendations
made by the panel.
If the complainant continues to be dissatisfied with the outcome of the reconvened
child protection conference they make seek a review of the position from the inter-
agency panel. This review should be held in accordance with the Complaints
Directions 1990.
Complaints made against individual agencies relating to service provided should be
responded to by the relevant agency.
The following procedure has been devised to meet the requirements of LASS (2001)
02, in ensuring that concerns and complaints in respect of child protection
conferences are dealt with fairly, efficiently and in such a way as to promote justice
and best practice.
Principles
In all situations the welfare of the child is paramount.
Parents, carers and children have a right to question decisions and processes where
there has been a perceived failure to adhere to good practice or procedures.
Where the complainant is a child or young person, independent support and
advocacy will be offered. The person acting in support or as an advocate will be
agreed with the child or young person.
A complaints procedure represents a quality control mechanism and consequently
aims to improve service delivery.
Complaints should be resolved at the lowest level. In doing so there are three stages
to the process: Stage one -Local resolution by conference Chairperson. Stage two -
Formal investigation stage commissioned or undertaken by the CYSCB Manager.
Stage three -Complaint Review Panel, with recommendations passed to CYSCB
Chairperson, who makes the final decision.
A reconvened Child Protection Conference or Review may be recommended at any
stage, where it is felt that the original decision was unsafe.
All actions, including discussions and decisions along with the complainants desired
outcome should be recorded in writing. The recordings should be filed and held by
the Complaints Officer for a period of five years.
The Complaints Officer, who will provide an annual report to the CYSCB, will monitor
usage of, and compliance with, the Complaints Procedure.
Defining a complaint
A complaint can be defined as an expression of dissatisfaction, arising from a belief
that there has been a failure to follow the correct procedure or good practice, leading
to flawed, unfair or incorrect decision-making. It can also be about poor service,
attitude or any element that falls short of person's expectation of the CYSCB.
Defining an appeal
An appeal is a request to reassess existing or new information, which may impact of
the decision reached by the conference. An appeal will consider the same
information or additional information, in order to assess whether the decision reached
was reasonable and correct
An appeal does not assume that incorrect or misleading information has been
submitted
It is acknowledged that child protection conferences are difficult for parents/cares and
children and that there will be occasions when a complaint seeks to change a
decision irrespective of the facts. It is also acknowledged that there is no such thing
as 'the perfect child protection conference'. Consequently, any representation is likely
to contain a mixture of complaint and appeal. However, the procedure for considering
complaints and appeals should be the same in order to ensure an accessible
framework for families and professionals.
In all matters of either complaint or appeal, the original child protection conference
decision and child protection plan will stand until formally overturned. The officer who
clarifies the complaint with the complainant (conference Chairperson, CYSCB
Manager or Complaints Manager) will be responsible for explaining this to the
parent/carer or child.
Publicising access and awareness to the procedure
All parents, carers and children will be informed of the complaints process in writing
(leaflet) in advance of the child protection conference. This leaflet will be available in
different formats and languages as required.
Parents, carers and children should be clear about their right to pursue a complaint
or lodge an appeal.
The complainant's views should be sought in respect of their desired resolution.
Process
Stage One - Local Resolution
In the first instance, any expression of complaint or request for appeal should be
directed to the conference Chairperson, who will clarify the complaint with the
complainant. In clarifying the complaint the Chairperson should seek to establish with
the complainant their desired resolution.
An exception to this is when a complaint is being made specifically about the
conference Chairperson. In these circumstances, the complainant should be given
details of the Chairperson's line manager and invited to make contact. Contact
details will be included in the complaints leaflet. In these circumstances the
Chairperson's line manager will clarify the complaint with the complainant and
endeavour to reach a satisfactory resolution.
Where the complainant feels sufficiently uncomfortable to speak to the conference
Chairperson or their line manager about the matter the complainant should be invited
to make contact with the City of York's Complaints Manager.
Where the complaint relates to another agency and is not deemed to impact on the
outcome of the Child Protection Conference, the complainant should be provided
contact details of the agency's complaints manager.
On receiving the complaint the conference Chairperson should notify the Complaints
Manager and the CYSCB Manager, briefly explaining the proposed action to be
taken.
The conference Chairperson will attempt to deal with the matter sensitively and
informally, within 14 days. The Chairperson will have the discretion to seek guidance
from their line manager (Service Manager -Quality Assurance Manager, Children's
Social Care), and may elect to re-convene the child protection conference. The
Chairperson will take a child centred approach and determine if a further child
protection conference will be in the child's best interest.
The outcome of the stage one will be passed to the CYSCB Manager and
Complaints Manager.
Stage two - Formal Investigation
If the complainant is unhappy with the response given by the Chairperson or Service
Manager (Quality Assurance), the Complaints Manager will meet with the
complainant to clarify the complaint.
The Complaints Manager will ensure that the issues are directed to the most
appropriate procedure, and advise the complainant where the complaints procedure
is inappropriate. The complaint manager will seek guidance from the CYSCB
Manager as appropriate.
In all cases, the Complaints Manager will inform the CYSCB Manager of the outcome
of their discussion with the complainant.
Complaints that are registered at stage two will be passed to the CYSCB Manager.
The CYSCB Manager will decide, within 28 days, whether a full investigation is
appropriate (by a senior CYSCB officer), or whether the complaint can be determined
at their discretion. The CYSCB Manager can request a further child protection
conference, with or without the original Chairperson, as indicated.
When the CYSCB Manager has reached a decision, the complainant will be
informed, in writing with a copy of the response passed to the Complaints Manager.
The Complaints Manager will write to the complainant, to establish if they are
satisfied with the outcome, or whether they wish to pursue the complaint to the
complaint review panel.
Stage Three - Complaint Review Panel
A complaint review panel will be convened at the complainant's request where they
are not satisfied with the outcome of stage II of this procedure. A review panel must
be convened within 28 days of the request.
Membership of the Panel
The panel will comprise of three people, two of which will members of the CYSCB,
not connected with the complaint. An independent Chairperson will be commissioned
from outside the CYSCB. The Complaints Manager will be responsible for servicing
the panel.
The panel cannot overturn professional decisions. However, the panel can decide if it
considers that the complaint or appeal has been fairly and consistently dealt with in
accordance with policy, procedures and good practice.
The panel cannot overturn any decision taken by a child protection conference, but in
light of information offered at the review panel, are free to make recommendations to
the CYSCB Chairperson. However, the recommendations made are not binding.
The complainant will be invited to attend the complaint review panel, although this is
not obligatory, and the Complaints Manager will ensure that the complainant is
offered appropriate support in terms of advocacy and access.
The Complaints Manager will be present to advise on process and procedure. The
CYSCB Manager will be present to provide professional advise on the child
protection process and decision-making in child protection.
Recommendations arising from the complaints review panel will be agreed within 24
hours and a written copy will be given to the Chairperson of CYSCB within five
working days. The Complaints Manager will be responsible for ensuring timescales
are met.
The Chairperson of CYSCB will send their response to the complainant within 28
days of the complaint review panel setting out their response and any action that will
be taken as a result.
The Complaints Manager will advise the complainant that the complaints panel
concludes the CYSCB's procedure, and that any further concerns should be directed
the Local Government Ombudsman. The complainant should be informed that the
role of the Ombudsman is to consider issues of process and that it is outside their
remit to adjudicate on matters of professional practice. The Complaints Manager will
send contact information for the Local Government Ombudsman to the complainant.
Complaints made against individual agencies
Where a complaint is made against an individual agency, the complainant may elect
to approach that agency independently. If the conference Chairperson, CYSCB
Manager or Complaints Manager is in receipt of a complaint against an individual
agency, the complaint will be forwarded to the named manager and the complainant
informed.
Complaints made against agencies, which are upheld, and could consequently alter
the findings or decision of the original child protection conference will, in all cases, be
referred back to the CYSCB Manager and Complaints Manager.
Complaints that are upheld and which are felt may have impacted on the decision
making of the original or subsequent child protection conference and child protection
plan will be directed to the CYSCB Manager, and registered at stage two of the
procedure. The CYSCB Manager will exercise discretion as how to proceed, in
accordance with the procedure.
Learning from complaints
The CYSCB Manager will be responsible for implementing and learning lessons
arising from issues of complaint.
The Complaints Manager will incorporate complaint review panel outcomes into the
statutory social care annual report whilst maintaining appropriate levels of
confidentiality.