Complaints

1. Introduction

All children living in the home should be encouraged to provide feedback about the day to day running of the home and the support and services that they receive. Various procedures in this Manual explain how children and young people are encouraged to participate in decision making and planning within the home and are given the opportunity to share their wishes and feelings e.g. when developing and reviewing their Care and Placement Plans. As a general rule, staff should involve children and young people in the day to day running and routine of the home, and in planning activities. This includes decisions about routine activities, meal preparation and bedtimes.

Link workers should encourage children living in the home to discuss any concerns with them as part of their regular link worker sessions. This is an important way of helping ensure children are regularly consulted and should help to identify issues before they escalate and prevent the need for complaints.

It is important however that children living in the home feel able to take up issues or make a complaint without any fear that this will result in any adverse consequences for them.

Every child living in home should be given access to the home's complaints procedure, and be helped to understand how to make a complaint and how it will be dealt with. The Children's Guide should contain easy to understand information on how to make a complaint. Children 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.

2. 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 a child or children.

As a general rule, all efforts should be made to resolve any complaints or concerns at the earliest opportunity.

A complaint could be about:

• 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 child / young person (or adult who is complaining on their behalf) should be advised that complaints can also be directed to the Regulatory Authority (Ofsted) the Children's Commissioner Help at Hand Service or their social worker / Placing Authority.

3. Who May Make a Complaint?

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

• A child living in the home (or who used to live in the home);
• A parent or carer of a child; and
• Another person acting on behalf of a child.

4. Informing Children about the Complaints Procedure

Children 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 Children's Guide which is given to them before or upon admission to the home. Such information must include an explanation of the role of an Advocate and provide contact details for Independent Advocates who can help children make complaints or make a complaint on their behalf. Homes Managers must take all reasonable steps to ensure that children 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. Children 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 child'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 placing authority.

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

5. Receiving Complaints

Complaints can be made in writing (including text or e-mail) or in person. Normally complaints should be made within 1 year from the grounds to make the complaint arose do. However, the time limit can be extended at the manager's discretion if it is still possible to consider the complaint effectively and / or there was a legitimate reason why the complaint was not raised earlier. Staff must;

• Take all complaints seriously including low level complaints / gripes;
• Listen to the complaint carefully;
• Give the child or complainant reassurance and let them know what you are going to do;
• Ask them what they would like to happen to resolve their complaint;
• Inform the Manager;
• Inform the child's parent/carer and Social Worker. (In certain circumstances the complaint may come via the parent/carer.

When children indicate they wish to make a complaint, the person receiving it should do what they reasonably can to resolve the issue / concern at the lowest possible level. Staff should;

• Investigate the complaint, as agreed relevant with the Manager and under their guidance (as quickly as possible). Note this would be in the event of a low- level complaint, feeding back to the child or complainant the outcome of your investigation;
• Make a written record of the complaint, outcome of the investigation and the views of the child or complainant about this. Sign and date this record;
• Provide the child or complainant with a written record of the outcome of the investigation and any actions agreed. Ensure the child or complainant signs this record if they are satisfied;
• If the child or complainant is unhappy with the outcome help them to access the Council's formal complaints procedure. Inform the Service Manager.

If it is not possible to resolve the issue at a lower level, a formal complaint should be made. No person who is the subject of a complaint should take any part in its consideration, other than at the local resolution stage (Stage 1), if appropriate.

If they wish to do so, the child can complain to the Regulatory Authority (Ofsted) or the Placing Authority.

If the child is supported to make a complaint, the details of the person providing the support should be recorded.

Brief details of the receipt of all complaints must be recorded in the Complaints Log held in the home.

6. Informal Process

If a child (or their family) is unhappy with the service provided; with individual care provided or with the attitude or behaviour of staff; or for any other reason; the person receiving the information will take the following action:

(At every stage the person will be offered access to an advocate and interpreter if required).

1. Check with the person that they feel comfortable speaking to them; or would they prefer someone else? Provide information regarding the availability of someone else on site, or who is contactable off site, at any time of day;
   We will ensure that no person who is the subject of a complaint takes any part in its consideration other than, if the Home's Manager considers it appropriate, at the informal resolution stage only;
2. If the problem is brought up by an adult, make a written record, read it back to the person to ensure they have accurately recorded what the person wishes to say. Record the name and contact details;
3. The member of staff receiving the information should try to resolve the problem immediately if possible, e.g. lost property, transport not arriving. The member of staff should ensure they record the action taken, and check and record that the person is satisfied with the outcome, sign and date the record;
4. If the problem is brought up by a young person, staff must ensure that it is appropriately recorded, as well as any action taken and the satisfaction of the young person with the outcome.

If the problem cannot be resolved immediately (within 24 hours) or is a serious matter then:

• Staff should explain what happens next. Staff should give the complainant a summary of the Complaints Procedure and/or a complaints leaflet and go through it with them. Help (if appropriate) service users to make a complaint (e.g. filling an online complaint form -particularly when someone is not able to write);
• If the complainant speaks another language staff should make every effort to get their name, address, telephone number and the language they speak;
• In recording a complaint, staff should ask the complainant what is the outcome they are seeking. This may not always be possible to achieve but it helps to clarify the nature of the complaint;
• The complainant has the option of sending the complaint to the Complaints Unit or addressing the complaint with the Registered Person;
• For the children and young people there are a variety of methods available i.e. communication techniques or formats appropriate to their level of understanding, as well as access to the Children's Rights and Advocacy Service, independent of the Council.

7. Complaint about the Home's Manager

If the complaint relates to the Home's Manager, the member of staff must contact either:

• The Service Manager (9am - 5pm);
• The Corporate Complaints Manager;
• Manager from another home;
• The out of hours duty manager.

The responsible manager will follow the Stage 1 procedure. See Section 8, Local Resolution (Stage 1), below.

8. Local Resolution (Stage 1)

Timescale: 10 working Days from the receipt of a Stage 1 Complaint (with the possibility of 10 further days for complex complaints or if an Advocate is required).

If comments made indicate dissatisfaction with the home or our staff, the front-line service provider or the line manager receiving the complaint should, if they have the delegated responsibility to do so, try to resolve the matter quickly. Wherever appropriate, children should be asked to agree to a 'local' resolution.

In all cases where complaints are received, the home's manager must be informed.

Where a complaint is received it will be formally acknowledged within 2 working days, and the child will be given information on the timescale within which they will receive a response. If the complaint is made by a child or young person, the person receiving the complaint should check whether they have, or need, access to an Independent Advocate.

If it is possible to resolve the complaint the required timescale (see start of this section), the person resolving it should do the following:

• Note the fact that a complaint has 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 (taking care to remove sensitive or personal information). A summary should also be placed on the child's record and the home's manager (if not already involved) should be told of the outcome.

If the matter cannot be resolved to the child's satisfaction within 20 working days, they must be advised that they have a right to proceed to Stage Two and given assistance to do so as necessary.

9. Investigation (Stage 2)

Timescale: 25 working Days from the receipt of a Stage 2 Complaint.

NOTE: Any complaints made by children or young people must be notified to the child's social worker, who should share this with the child's Independent Reviewing Officer. Matters that must be considered at this stage are:

• Stage 1 Complaints that are not resolved satisfactorily;
• Where the child or person making a complaint on their behalf has requested a Stage 2 Investigation.

Stage 2 Complaints must be referred to the Designated Manager (Complaints) who will appoint an independent Investigating Officer (this must be a person who does not have line management responsibility for anyone involved in the complaint).

Before the Investigation begins the Designated Manager (Complaints) should clarify the substance of the complaint. The Designated Manager (Complaints) should attempt to resolve the matter as quickly as possible but within the timescales stated at the start of this section unless agreed in writing by the child. The child should be notified of the outcome of the Investigation, preferably verbally, but always in writing. If the complaint is withheld, the child should be asked what they would like to happen and an apology offered. Details of any remedial action undertaken should be confirmed.

Details of the outcome must be recorded in the Complaints Log, which must be countersigned by the Home 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 Home Manager;
• Copy of outcome must be sent to the Placing Authority.

10. Review Panel (Stage 3)

A request for a Review Panel must be made within 20 days of the end of the Investigation Stage. The Panel must meet within 30 days of a request.

If dissatisfied with the outcome of a Stage 2 Investigation, the child or person who made the complaint on their behalf may request a Stage 3: Review Panel to consider their complaint; they may also ask that their complaint be passed to the Placing Authority or Regulatory Authority (Ofsted).

To instigate a Stage 3 Review Panel, the child or person making the complaint on their behalf should notify the Designated Manager (Complaints) either verbally or in writing; the notification will be confirmed in writing explaining the process and timescales for undertaking a Stage 3 Review Panel.

The Designated Manager (Complaints) will ensure that:

1. Senior managers and relevant social workers are notified and briefed as necessary until the matter is resolved;
2. The complainant is clear about the process and timescales;
3. The complainant has access to an Independent Advocate or representative;
4. A Review Panel is established to consider the matter; the Review Panel will consist of 3 people that are independent of the matter being considered, one of the Panel members will be asked to Chair the Panel and report to the Designated Manager (Complaints) on the recommendations that are made;
5. Necessary arrangements are made for the Panel to be convened and conducted in a fair manner;
6. The recommendations of the Panel and properly considered, involving senior managers as necessary, and that any decisions or actions are acted upon promptly;
7. The complainant and their advocate/representative are briefed verbally and in writing of the outcome.

11. Complaints made not on Behalf of a Child or a Young Person

• Complaints made by members of the public on their own right (e.g. neighbours of the unit) will be dealt with under the Gateshead Council's Compliments Procedure;
• Complaints made by professionals (e.g. teachers, health visitors etc) will be dealt with directly by the Home's Manager (or the Service Manager if the complaint is about the Home's Manager). The Corporate Complaints and Compliments Unit does not need to be notified. Recording should be kept in the Complaints and Compliments register at the unit.

12. Training

All staff are trained, as part of the induction process, in:

• What constitutes a complaint;
• What the procedure is for dealing with an informal complaint in the homes and how it should be recorded;
• To whom a complaint is made outside the home;
• The procedure to be followed should a complaint not be resolved promptly by informal means, including who should be notified and the keeping of records;
• How a child or young person can be assisted in making a complaint, including situations where a child has a communication impairment, and how to access an advocate, interpreter or signer.

Staff also have mandatory complaints training which is refreshed every 3 years of if there are any changes to the procedure.

The Home's Manager attends further training in dealing and responding to complaints.

13. Monitoring

The Home's Manager regularly reviews the records of complaints by children, or concerning the welfare of children, to check satisfactory operation of the complaints procedure and to identify both patterns of complaints and actions taken on individual complaints. These are also monitored by the Regulation 44 Officer.

The Home's Manager takes any appropriate action in relation to the home's policies, procedures and practices, as well as taking any necessary further follow-up action in relation to individual cases.

14. Disciplinary Procedures

The Home's Manager and Gateshead Council operate a disciplinary procedure which provides for the suspension of an employee where necessary in the interests of the safety, or welfare of children accommodated in the home, or using the service and:

Provides that the failure on the part of an employee to report an incident or complaint relating to the abuse, or suspected abuse of a child accommodated in the home or using the service to an appropriate person is a ground on which disciplinary proceedings may be instituted.

15. Simplified Version of the Complaints Policy, for Parents and Carers

• Help is available for anyone wanting to make a complaint - advocates, interpreters, signers;
• We welcome complaints, because your views and experiences of our service are important. We are always willing to listen and will try to resolve any concerns/complaints about the home or our staff. We will not discriminate or treat anyone differently because they wish to complain;
• All our staff are trained to handle complaints sensitively and confidentially and will carefully write down what you say;
• If the problem cannot be resolved within 24 hours or it is a serious matter then it will be dealt with as a formal complaint;
• If a complaint is about the safety of a child, the Home's Manager will be told straight away and the complaint may be considered under the Gateshead Safeguarding Children Procedures;
• The Home's Manager will monitor all complaints and identify patterns, the information will be used to improve the unit policies and child care practices;
• The manager will keep a record of the outcomes of complaints and show it to OFSTED when asked;
• The Council could suspend a member of staff who failed to report any concerns relating to the safety of a child, suspicions or evidence of abuse, to a manager.

At any time a complaint can be made to OFSTED.

Stage 1

The Home's Manager will look into the issues raised by the complainant and provide a response. If the complaint is about the Home's Manager then the appropriate Service Manager will deal with the complaint. The response will be made within 10 working days of receiving the complaint. Depending on the complexity of the complaint this may not be always possible. In that case the Complaints Manager or the Home's Manager investigating the complaint will contact the complainant.

Stage 2

If the complainant is dissatisfied with the response, they can request through the Complaints Manager that the complaint is investigated at Stage 2 by an Investigating Officer, a manager from within the Department, who does not know the complainant nor has been involved with the complaint. An Independent Person from outside of the Council will also be appointed to be involved in the consideration of the complaint to ensure a fair, open and thorough investigation.

The Investigating Officer and the Independent Person's reports will be forwarded to the appropriate Assistant Director. The complainant will receive a response from the Assistant Director together with the reports within 25 working days. Depending on the complexity of the complaint this may not be always possible.

Stage 3

Where the complainant remains dissatisfied they can request within 20 working days that the Complaints Manager convenes a Panel to review the investigation and the response. The Panel is made up of an Independent Chair and two Independent People from outside Gateshead Council. The complainant attends and has the opportunity to address the Panel whose remit is then to make recommendations to the Director of Social Care who has 15 working days to make the final response to the complainant.

That concludes the Social Care Complaints Procedure. However, if the complainant is still dissatisfied with the outcome of the complaint or think that the complaint has not been dealt with properly then the complainant can contact at any stage:

• The Local Government and Social Care Ombudsman.