7.1 Complaints |
Contents
- Eligibility to use this Procedure
- Immediate Resolution
- Time Limit for Complaints
- Visit to Complainant
- Complaint Panel
1. Eligibility to use this Procedure
Parents, children (with sufficient understanding) and significant family members who have been invited to attend a Child Protection Conference may make a complaint under this procedure where they have concerns about one or more of the following aspects of the meeting:
- The process of the conference, for example that the arrangements and conduct of the conference were not consistent with the Walsall Safeguarding Children Board’s Procedures (as set out in this Manual); or that significant information, which should have been made available, was not presented to the conference, and this affected the decision made
- The outcome – i.e. the decision whether the child should or should not be subject to a Child Protection Plan and/or
- The Category of Significant Harm on which a decision that the child should be subject to a Child Protection Plan was based
Children who wish to complaint must be offered the services of an independent advocate and arrangements must be made for an advocate to be appointed where requested.
Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with that agencies own complaints process and do not come within the terms of this procedure.
Where any member agency who has involvement with the child wishes to raise any issues in relation to the Child Protection Conference, whether or not they took part in the decision, they should do so under the procedure set out in Resolving Professional Disagreements (regarding Child Protection Conferences and Child Protection Plans) Procedure.
2. Immediate Resolution
An expressed concern about the conference itself which arises in the course of the meeting must be noted and an attempt made by the Conference Chair to resolve it with the child or parent.
Every attempt must be made to resolve the issue and avoid the need for a complaint wherever possible.
If this initial attempt to resolve matters fails, the child or parent should be reminded of this complaints process by the Conference Chair, and be invited (and if necessary assisted by the social worker) to write within 14 days of the receipt of the Conference decisions and recommendations, to the Manager, Review/Child Protection .
To assist this process, where it is known that a person wishes to make a complaint, the Conference Chair will arrange for a copy of Form WSS626a ‘Complaints Against Child Protection Conferences’ to be sent with the Conference decisions and recommendations of the conference.
3. Time Limit for Complaints
Complaints must be submitted in writing within 14 days of the receipt of written confirmation of the Conference decisions and recommendations.
It may be but does not have to be submitted on Form WSS626a ‘Complaints Against Child Protection Conferences’.
The written complaint should be sent to the Manager, Review/Child Protection Unit .
It will be the decision of the Manager, Review and Child Protection and the Consumer Relations Officer (Children’s Social Care Services) whether the complaint process will take place if the form is received later than 14 days.
4. Visit to Complainant
Where a complaint is received and accepted, the Manager, Review and Child Protection will pass a copy of the complaint to the Consumer Relations 0fficer (Children’s Social Care Services) along with any other relevant information.
The Consumer Relations Officer will then visit the complainant to establish:
- Does the reason for the complaint fall within the criteria for a complaint under this procedure? and/or
- Should the person be advised to make a complaint to one of the agencies represented on the Walsall Safeguarding Children Board?
If a person has initiated a complaint in respect of an agency, or it seems to the Consumer Relations Officer that such a complaint is appropriate, then a Complaint Panel will not be convened until that agency's complaint process has been completed.
The Manager, Review and Child Protection will write to the complainant to inform him/her when a Complaint Panel will be convened and the date of this or the reasons it has been decided that a Complaint Panel will not be convened.
NB If the Manager, Review and Child Protection chaired the relevant Child Protection Conference, the relevant Head of Service will undertake the Manager's functions under this procedure.
If it is decided to convene a Complaint Panel, the Consumer Relations Officer will contact or visit any other parent or carer, to ascertain their views, to inform them of the Complaint Panel hearing, and invite them to attend.
The child’s social worker/Keyworker will be informed that a Complaint Panel has been convened.
The Complaint Panel will consist of an Independent Chair and 2 members of the Walsall Safeguarding Children Board or their nominees, none of whom were present at the Child Protection Conference. The Manager, Review and Child Protection will make arrangements for the Complaint Panel to meet, will provide the conference minutes and any other relevant papers and will inform the complainant and will act as professional adviser to the Panel.
The Complaint Panel should be convened within 10 working days of the decision that a Complaint Panel hearing is warranted.
The Consumer Relations Officer will provide a report to the Complaint Panel and the complainant, clarifying the reasons for the complaint, and stating the outcome of any other complaint process.
The complainant, and the other parent, will be invited to attend the hearing and be present throughout the meeting. A friend, relative or someone to help them express their views can accompany the complainant. Solicitors may attend in this capacity, but will not be formally invited by the Chairperson of the Panel to attend the hearing.
The Chairperson of the Complaint Panel will determine who else will attend the hearing. It will be expected that the Conference Chair (of the relevant Child Protection Conference) will be present throughout the hearing to answer points made by the complainant in respect of the conduct of the Conference.
The Manager, Review and Child Protection will be present to advise the Chairperson on issues relating to the Walsall Safeguarding Children Board procedures.
Having heard the points of view and read the papers, the Complaint Panel members will then ask everyone else to withdraw whilst they reach a decision.
The Panel will decide on one of the following outcomes:
- A new Child Protection Conference will be convened with a different Conference Chair
- The Child Protection Conference with the same Conference Chair will review the case earlier than planned
- There is no action to be taken, despite the complaint
The Manager, Review, Performance and Child Protection will confirm this in writing to those who attended.
If the decision of the Complaint Panel is that a further conference is required, the Manager, Review and Child Protection will make arrangements with the child’s social worker/ Keyworker for the invitations to be sent. The conference should take place within 14 working days.
There is no further appeals process.
End