Complaints and Representations
Scope of this chapter
This chapter sets out the procedure for considering complaints of young people living in the Service.
It does not apply to complaints and representations under the Children Act 1989 Representations Procedure (England) Regulations 2006 relating to the exercise by a local authority of their statutory duties in respect of services to children and young people, under Children Act 1989. Such complaints must be addressed using the local authority’s Complaints procedure. However, the registered person does need to ensure that a young person is not subject to reprisals for making a complaint or representations under the Children Act 1989 procedure.
This procedure does not apply to concerns in relation to a young person who is in need of protection, these must be dealt with under the Safeguarding Young People and Safeguarding Young People and Referring Safeguarding Concerns Procedure.
The Service will take seriously and respond to any concerns from relevant others such as local residents.
See the Statement of Purpose.
IMPORTANT CONTACTS
England
Children's Commissioner for England
Help at Hand – free confidential support and advice for Children in Care, living away from home or working with Children's Services.
Tel: 0800 528 0731 (free phone number)
E-mail: help.team@childrenscommissioner.gov.uk
Ofsted
Tel: 0300 123 1231
E-mail: enquiries@ofsted.gov.uk
Wales
Click here for contact details for Care Inspectorate Wales (CIW).
Relevant Regulations
Regulation 31 Supported Accommodation (England) Regulations 2023
The registered person must establish a procedure for considering complaints made by or on behalf of young people.
At the request of Ofsted inspectors, the registered person must supply a statement containing a summary of any complaints made during the preceding 12 months and the action that was taken in response to each complaint or representation.
The registered person must ensure that:
- Action is taken to address all issues of concern, including any concerns or complaints from young people using the Service;
- Young people know how to complain;
- Young people are enabled to make a complaint or representation and are offered suitable advice and assistance in making complaints;
- No young person will be subject to any reprisal for making a complaint or representation;
- Complaints are treated seriously and responded to clearly;
- Complainants understand what has happened as a result of their complaint;
- Proper investigations are carried out as a result of all complaints;
- Urgent action is taken to ensure that practice and/or services improve accordingly;
- A written record is made of any complaint or representation, the action taken in response to it, and the outcome of the investigation;
- Accommodating and host authorities are engaged as necessary during the complaints process;
- No person who is the subject of a complaint takes part in its consideration or investigation other than, if the registered person considers it appropriate, at the informal resolution stage only. If the complaint is in relation to the manager, the manager will take no part in the consideration of the complaint. A suitably qualified and experienced person who is totally independent of the Service will be appointed as Complaints Officer to deal with the complaint.
Every young person will be given access to the Service’s complaints procedure, including those who use alternative communication systems or who may not speak English as a first language, and be helped to understand how to make a complaint and how it will be dealt with. The Welcome Pack/Young Person’s Guide should contain easy to understand information on how to make a complaint. Young people should know how to access an independent Advocate who can help them to raise any concerns they may have, including supporting them to make a complaint. See Advocacy, Independent Visitors and Independent Reviewing Officers Procedure. They must also be provided with contact details for the Children’s Commissioner. Important contact details are at the top of this procedure.
Staff should encourage young people to share any concerns about their care and support or other matters as soon as they arise. Young people must be able to take up issues or make a complaint with support and without any fear that this will result in any adverse consequences. Young people must be aware of this procedure and be reminded of it as necessary.
A complaint could be about issues such as:
- An unwelcome or disputed decision;
- The quality or appropriateness of a service;
- A delay in decision making or the provision of services;
- The attitude or behaviour of staff;
- Delays in dealing with problems or resolving concerns.
This list is indicative only, and should not be used as a means of restricting matters which can be complained about.
The young person (or an adult who is complaining on their behalf) should be advised that complaints can also be directed to Ofsted, the Children's Commissioner or their social worker / accommodating authority.
Complaints under this procedure can be made by or on behalf of a young person;
- A young person living in, or who used to live in the Service;
- A parent or carer of the young person
- Another person acting on behalf of a young person.
Young people will be informed about the Complaints Procedures in a variety of ways, appropriate to their age and level of understanding. This will include in the Welcome Pack/Young Person’s Guide which is given to them before or upon admission to the Service. Such information must include an explanation of the role of an Advocate and provide contact details for Independent Advocates who can help young people make complaints or make a complaint on their behalf. The registered person must take all reasonable steps to ensure that young people feel comfortable with the making of complaints, that they are supported to make complaints and are free from reprisals if they choose to do so. Young people should be given any reasonable assistance they require or request, including being advised that they may ask someone else to make the complaint on their behalf. If the young person’s complaint is about their social worker, Independent Reviewing Officer, contact decisions or relates to matters contained in their Care or Placements Plans, these should be directed to their social worker and considered using the Children's Social Care Complaints Policy in the accommodating authority.
The young person’s parents if appropriate and the accommodating authority must be given a copy of the Service’s Complaints procedure.
See the Statement of Purpose.
Last Updated: November 20, 2024
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