9.4.1 Complaints and Protections |
Contents
1. Context
The Children Act 1989 endorsed the view that Complaints’ Procedures are one of the measures for helping to keep children and young people safe when they are looked after away from their families.
The Care Standards Act, 2000 and the National Minimum Standards for Children's Homes, 2011 further support the need to have complaints' procedures in place that are responsive to the issues that a young person are raising.
This procedure should be read in conjunction with the Complaints Procedure.
2. Scope
Complaints’ procedures are a means by which young people (or their families) can make representation about matters that they feel unhappy about and/or that they feel are unjust, unsafe and/or inappropriate. It is acknowledged, however, that the very existence of such a procedure can feel threatening to staff. It is therefore crucially important that the procedure is located within its wider context. Staff, therefore need to be trained and supported to understand how it fits into the overall picture as well as trained and supported in the use of the complaints procedures within the particular home. Once staff are aware of ‘why’ and ‘how’ the complaints procedure is to be used, young people can also be helped to understand its purpose within the home. If approached in this way the complaints’ procedure is more likely to be seen as a tool to unite, rather than a weapon to divide young people from staff. For further discussion see the Good Practice Guide on Complaints.
Additionally the introduction of Independent Visitors by the Children Act 1989, was yet another measure to safeguard children and young people who did not have contact with an adult outside of the statutory agencies. Independent Visitors are another level of representation and support for children and young people who have no other independent person to support, befriend and speak up for them. For further information please see Advocacy and Independent Visitors Procedure.
The main procedure to be used in the event of a complaint is Complaints Procedure. All staff should therefore be familiar with this document and how to locate it.
3. Procedure
| 1.0 | All staff, social workers, young people, their families and significant others, such as Independent Visitors, should be fully informed about the complaints procedure. This information should also include how to make a complaint to Ofsted. |
| 1.1 | The full Complaints Procedure should be available to young people, their families and where appropriate, Independent Visitors. |
| 1.2 | All staff should receive training on the Complaints Procedure. The training should include the philosophy, as well as the practice, of the procedure and how to use it positively with young people and significant others. |
| 1.3 | All young people, their families, significant others and Independent Visitors should know what the ‘Complaints Procedure’ is and how to use it. For young people and their families where English is not their first language or where the written word is not easily understood, the complaints procedure must be made accessible to them. Additionally young people should know how to contact an Independent Advocate and feel confident that they would be allowed to do so if necessary. Advocacy is provided by Barnado’s. |
| 1.4 | All complaints, whether formal or informal, should be treated seriously and responded to without delay. Staff are guided to read the Good practice Guidance on Complaints and Representations, Section 3 a), for further discussion (To Follow). |
| 1.5 | There are no restrictions on what constitutes a complaint. |
| 1.6 | If a complaint is received that raises a safeguarding issue, there should be no delay in also referring and responding to the Safeguarding Procedure. |
| 1.7 | If the complaint concerns the Children’s Homes Manager, then, in the first instance, the Service Manager must respond to the complaint: Looked After Children. |
| 1.8 | A complaint can be made on behalf of the young person if they consent to this arrangement. |
| 1.9 | The Children’s Homes Manager should review on a monthly basis, consistent with Regulation 33 Visits, the record of complaints that have been made by young people. This review should check:
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| 2.0 | In situations where a young person does not have contact with their family or an adult who is independent from the statutory services, they should be encouraged and supported to have an Independent Visitor introduced to them. With the young person’s consent, a referral should be made to the Independent Visitor Scheme. This service is provided through the Barnado’s Advocacy and Befriending scheme. |
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