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Page Contents
Context
10.1 Working Together to Safeguard Children 2010 states that individuals involved in Child Protection Conferences should have the right to complain about either the process or the decision made by the multidisciplinary forum.
10.2 North East Lincolnshire LSCB recognises the importance of this right and the procedure for individuals to complain is set out below. All complaints will be logged for statistical purposes and the outcomes of any such complaints will be used to improve the conference process, as appropriate and necessary.
10.3 Information about the complaints process will be made available to all individuals involved in Child Protection Conferences, to make them aware of their rights within the process.
10.4 Parents/carers and, on occasion, children may have concerns about which they may wish to make representations or complain, in respect of one or more of the following aspects of the functioning of Child Protection Conferences:
- the process of the conference;
- the outcome, in terms of the fact of and/or the category of primary concern at the time the child became the subject of a Child Protection Plan;
- a decision for the child to become, or not to become, the subject of a child protection plan or not to cease the child being the subject of a Child Protection Plan.
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Contact Details
10.5 The contact details for the Children's Complaints and Information Access Team are:
3rd Floor Freeman House,
Freeman Way,
Grimsby,
DN32 7AU.
Telephone (01472) 326426.
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The Procedure
10.6 A complaint can be made by a parent or carer either verbally or in writing about the decision made at a Child Protection Conference. Complaints should be made in the first instance to the Children’s Complaints and Information Access Team. Information will be provided on a quarterly basis in the form of a report basis to the LSCB coordinator, advising of all complaints received.
10.7 The Children's Complaints and Information Access Team will forward all details of the complaint, within 2 working days, to the Chair of the particular Child Protection Conference, ensuring that telephone numbers/addresses have been provided. In the event that the chair is not available, the complaint will be forwarded to the Service Manager for Child Protection and Planning.
10.8 Complaints about aspects of the functioning of conferences described above should be addressed to the Conference Chair. In their absence, complaints go to the Service Manager Child Protection and Planning and Planning. The Chair of the particular conference will make contact with the complainant within 5 working days to discuss the issues, with the specific aim of trying to resolve the complaint informally. This may involve meeting with the complainant to discuss the issues further and to provide greater clarification of the situation.
10.9 If the complaint is successfully resolved at this informal stage, written confirmation of any agreed actions should be forwarded to the complainant, to the LSCB office and to Children’s Services’ Child Protection and Planning Service by the chair of the conference.
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Stage 1
10.10 If the complaint remains unresolved, it will be dealt with under the statutory complaints process by the Children's Complaints and Information Access Team. The complaint will be forwarded to the Service Manager of the Child Protection and Planning Service for investigation within two working days. A written response will be sent to the complainant and copied to the Children’s Complaints and Information Access Team within ten working days.
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Stage 2
10.11 If the complaint cannot be resolved at this stage the complaint will be further investigated by an independent officer commissioned by the Children’s Complaints and Information Access Team. The findings of the investigation will be adjudicated by the LSCB, CPP and Deputy Director for Vulnerable Children. The final formal response with recommendations will be forwarded to the complainant.
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Stage 3
10.12 Should the complaint remain unresolved, the Local Authority should form an interagency panel made up of senior representatives from LSCB member agencies. The panel should consider whether the relevant inter-agency protocols and procedures have been observed correctly and whether the decision that is being complained about follows reasonably from the proper observation of the protocol(s) and procedures.
10.13 Written confirmation of all arrangements for the panel will be forwarded to the complainant no later that 10 days before the panel are to meet. The complainant should be advised that the Service Manager for Children’s Complaints and Information Access will be present at the panel to provide support and assistance. The complainant should also be advised they may be accompanied by a `friend` or someone to informally represent them.
10.14 If the complainant requests to be accompanied by a legal representative the LSCB’s legal representative must also be in attendance at the panel.
10.15 All information relating to the Child Protection Conference and the complaint must be forwarded to panel members no later than 10 working days before the panel, to allow preparation.
10.16 The panel will meet to discuss the complaint and to look for possible ways to achieve resolution. The Chair of the particular Child Protection Conference will be available to answer specific questions that the panel may wish to ask. The complainant will be invited into the meeting by the panel Chair and will have the opportunity to further state their complaint and desired outcome. Panel members will ask questions as appropriate to ascertain the facts.
10.17 The panel will discuss the information they have heard and conclude their findings and make recommendations as appropriate. The Chair of the panel will write to the complainant outlining the panel’s findings and recommendations, within 5 working days.
10.18 The Children’s Complaints and Information Access Team will contact the complainant after 20 working days to ascertain their satisfaction or otherwise.
10.19 NB: Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with the relevant agency’s complaints handling process.
10.20 Services are required (by Section 26 of the Children Act 1989) to establish complaints procedures to deal with complaints arising in respect of Part III of the Act. The agency representative will then decide if the complaint needs to be investigated under their agency’s complaint procedure.
10.21 Should an individual agency raise concerns relating to conduct of other professionals or partner agencies steps should be taken to resolve their differences at a local informal level. If a satisfactory resolution is not achieved then the issues should be raised with the individual agencies complaints process.
10.22 In addition, representations and complaints may be received by individual agencies in respect of services provided by Children's Social Care (or not provided) as a consequence of assessments and conferences, including those set out in Child Protection Plans. Such concerns should be responded to as part of the Concerns and Representation process by the Children’s Complaints and Information Access Team.
Disagreements over the handling of concerns reported to Children’s Social Care should be dealt with in line with the Resolution of Professional Disagreement protocol (Part S of the LSCB guidance) where unresolved.
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