1.9.5 Representations and Complaints

Contents

1. What is a Complaint?
2. Who may Make a Complaint?
3. Informing Children about the Complaints Procedure
4. Receiving Complaints
5. Local Resolution
6. Formal Consideration
7. Complaints Subject to Concurrent Consideration
8. Complaints from the Public

1. What is a Complaint?

A complaint is an expression of dissatisfaction, however made, about the standard of service, the actions, or lack of action by the home towards an individual or a group

A complaint should normally be made where all other reasonable methods of resolving the dissatisfaction have been tried and failed or where the complainant believes they would fail.

A complaint may be about:

• The lack of service
• Being refused a service, including an assessment
• The quality of a service
• The attitudes or behaviour of staff
• Decisions made by staff
• Delays in dealing with problems or in providing a service

The complainant should be advised that complaints can always be directed outside the business, to the Regulatory Authority or the Placing Authority.

Complaints or allegations of mistreatment or Significant Harm by staff must be dealt with by way of the Child Protection Referral Procedures, not as Complaints.

See Child Protection Referrals Procedure, which contains procedures on referring suspicions or allegations of Significant Harm.

2. Who may Make a Complaint?

The following persons have a right to use the complaints procedure:

• A Child
• A parent of a child
• A person acting on behalf of a child
• A neighbour living in the locality

3. Informing Children about the Complaints Procedure

Children will be informed about the Complaints Procedures in a variety of ways; including the Children’s Guide given to them before or upon admission. This must be in a format that the child can understand.

This must include the name, address and telephone number of the Regulatory Authority in the area where the home is based. Other relevant organisation and persons details should also be included.

They will also be given information and contacts details of Advocates they may contact, who may make complaints or advocate of their behalf or assist them in doing so.

The Children’s Guide will provide advice to children about how to use the procedures to their best advantage; and on the process of investigating complaints made by them.

The child’s parents and the Placing Authority must be given a copy of the complaints procedure.

If they request it or it appears appropriate, they should be given information on additional advocacy or support networks which may help them use the procedures effectively; this should include providing contact details.

4. Receiving Complaints

Homes Manager’s must take all reasonable steps to ensure that children feel comfortable with the making of comments or complaints and free from reprisals if they choose to do so.

When children indicate they wish to make a complaint, the person receiving it should do what they reasonably can to ensure that all other resolutions available have been tried, rather than resorting to the making of a complaint.

Where a person insists that they wish to make a complaint, staff or managers in the home concerned should still deal with the matter, if appropriate.  If a complaint is made about the manager of the home or another person in Line management, it should be passed to a manager outside of the Line Management Structure.

If they wish to do so, complainants may direct their complaints to others outside the home, such as the Independent Advisor or a Senior Manager.  They may direct their complaints to the Regulatory Authority or the Placing Authority and they must be advised of their right to do so.

Complaints should preferably be put into writing, in a letter or using a Complaints Form; but other methods may be used, including the use of audio tapes or verbally.

Complainants should be given any reasonable assistance they require or request, including being introduced to people or groups independent of the organisation that may assist them, such as Advocacy Groups. The complainant must be advised that if they choose to complain directly to the Placing Authority, the Placing Authority must provide information and assistance.

If assistance is provided to complainants in recording or writing their complaints, the record/letter should indicate the name, status and contact details of the person providing the assistance.

Brief details of the receipt of all complaints must be recorded in the Complaints Log at the location they pertain to.

5. Local Resolution

Timescale: 14 Days

If possible, the person receiving the complaint or their supervisor/manager should resolve the matter as soon as reasonably practical and in any event within 14 days. This may be extended for a further 14 days with the agreement of the complainant.

This assumes that the person receiving the complaint has the delegated authority to resolve the matter satisfactorily. 

If not, that the person can immediately pass the matter to a supervisor or manager with an appropriate level of authority to resolve the matter satisfactorily.

If it is possible to resolve a complaint within 14 days, the person resolving it should do the following:

• Note the fact that a complaint was made and resolved in the home’s Daily Log, record a summary of the complaint and the manner in which it was resolved in the Complaints Log and in the Daily Record of any relevant child. The manager must confirm in writing to the complainant the agreed resolution.
• If the Manager was not involved in resolving the matter, notify the Manager as soon as practicable.

The manager should then consult the complainant to ensure they are satisfied, brief their Line Manager if necessary and sign off the Complaints Log.

6. Formal Consideration

Timescale: 35 Days

Where the person receiving the complaint cannot resolve it within 14 days, or a further 14 days if agreed by the complainant, it should be referred, for Formal Consideration, to a person independent of the home.

Before undertaking the Formal Consideration, the independent person should clarify the substance of it with the complainant, put it into writing and give a copy to the complainant.

If the complaint relates to a child in the home, the social worker should be consulted.

The independent person dealing with the complaint at this stage should attempt to resolve it as quickly as possible but within 35 days of the request for the Formal Consideration. This may be extended with the agreement of the complainant. If the complaint has not been resolved within 35 days the Regulatory Authority must be informed of the reason for the delay.

The complainant should be notified of the outcome of the complaint, preferably verbally, but always in writing.  If the complaint was justified, the complainant should be told what, if any, remedial action will be taken and an apology offered.

Details of the outcome must be recorded in the Complaints Log, which must be countersigned by the manager.  Copies of all records and correspondence relating to the complaint should kept as follows:

• On any relevant child’s file
• In the Complaints File held by the manager
• Copy of outcome must be sent to the Regulatory Authority
• Copy of outcome must be sent to the Placing Authority

7. Complaints Subject to Concurrent Consideration

There are circumstances where the manager must consider, in consultation with the complainant and any other person or body which they consider appropriate to consult, how the complaint should be handled such as:

• A complainant has stated in writing that he or she intends to take proceedings in any court or tribunal.
• The manager is taking or is proposing to take disciplinary proceedings.
• The manager has been notified that an investigation is being conducted by any person or body in contemplation of criminal proceedings.
• A meeting involving other bodies including the police has been convened to discuss issues relating to the protection of children.
• The manager has been notified that there are current investigations in contemplation of proceedings under section 59 of the Care Standards Act 2000.

Such complaints are referred to as "Complaints Subject to Concurrent Consideration".

In these circumstances, the manager may choose to discontinue considering the complaint as it may compromise or prejudice the other consideration. If the manager decides to take this action he/she must inform the complainant of this decision. However, the manager may resume considering the complaint at any time. The manager must ascertain the progress of the ‘concurrent consideration’ and inform the complainant when it has been concluded.

The manager must resume considering the complaint where the ‘concurrent consideration’ is discontinued or completed and the complainant requests that the complaint be considered.

8. Complaints from the Public

Whilst this procedure sets out a formalised approach to managing complaints from members of the public, it must be remembered that the majority of complaints are made to and dealt with by the staff closest to the incident. This procedure does not replace this practice, but acts to reinforce it and provides members of the public with an alternative when that system has not been satisfactory.

A complaint may be verbal or written. When a member of staff receives a complaint, verbally or in writing, from a member of the public, the member of staff should wherever possible resolve the complaint immediately then enter the complaint into the complaints register.

The member of staff should notify the Operations Manager who will assess whether the matter requires formal investigation. If the complaint cannot be immediately resolved the Operations Manager must contact the complainant within three working days of receipt of the complaint.

Complaints should be investigated as a priority area of work and should as a guide be contained within a fourteen working day limit to the investigation (the Secretary of State's direction allows 28 days from receipt of complaint to resolution in the public sector).

Except in the most straight forward of cases e.g. undisputed matters, the Operations Manager should arrange to discuss the complaint with the complainant to ensure that the details as documented conform with the substance of the complaint.

The Operations Manager will then arrange to discuss the details of the complaint with the members of staff responsible either together or separately as dictated by the nature of the complaint.

In arranging to discuss the issue with the member of staff responsible the Operations Manager will make it clear that the discussion is purely to establish the facts of the matter and does not in any way constitute part of a disciplinary process. The Operations Manager interview other staff or young people to obtain background information.

If discrepancies appear in respective versions of events the Operations Manager will if necessary discuss the issue again with the various parties concerned until they are satisfied beyond reasonable doubt.

If the complaint involves the conduct or performance of the Operations Manager it should be immediately notified to a Partner who will ensure an independent manager with sufficient authority conducts any investigations.

The Manager investigating any complaint will document their findings and notify the Partner and the complainant in writing of the outcome of the investigation.

In some cases an obvious resolution may not be possible. When this occurs the Operations Manager should attempt to make this dilemma fully understood by the complainant.

When an investigation into a complaint has been concluded the Operations Manager should complete a Clifford House Complaints Resolution Form which is then held for inspection at head office.

End