7.1 Complaints by Service Users
- Immediate Resolution
- Stage 1 - Exploration by Conference Chair and/or their Manager
- Stage 2 - Formal Consideration
- Reconvened Conference
- Further Challenge
Working Together to Safeguard Children 2010 paragraph 5.107 (now archived) clarifies that parents / carers or a child (considered by the conference chair to have sufficient understanding), may make a complaint in respect of one or more of the following aspects of the Child Protection Conferences:
All parties must be made aware that:
The end result for a complainant will be either that
Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with the relevant agency's ordinary complaints handling processes.
An expressed concern about the conference itself, which arises in the course of the meeting, must be noted and an attempt made by the chair to resolve it with the service user.
If this initial attempt to resolve matters fails, the service user should be reminded of the conference complaints process, and be invited (and if necessary assisted by the social worker) to write within 10 working days of their receipt of the minutes, to the conference chair.
Stage 1 - Exploration by Conference Chair and/or their Manager
The conference chair should inform the senior child protection manager, social services complaints manager, and all the professionals who attended the conference, that (s)he has received the complaint.
Complaints made outside the 10 working days' time limit may, in exceptional circumstances and at the discretion of the conference chair, be accepted.
The conference chair should meet with the complainant (who may be supported by a friend or relative) within 10 working days of receipt of the complaint so as to:
At the meeting with the complainant, the conference chair should be accompanied by a colleague who can take minutes.
Within a further 10 working days, the conference chair should provide a written response to the complainant including notes of their meeting. This letter should include information on how to pursue concerns further if the complainant remains dissatisfied.
The response provided to the complainant should be copied to the Children's Social Care complaints manager.
Stage 2 - Formal Consideration
If, within 20 working days of days of receipt of the Stage 1 letter, the complainant notifies the complaints manager that (s)he remains dissatisfied and specifies reasons, arrangements must be made to convene, within 20 working days, a panel of a minimum of 3 individuals from the LSCB or its sub groups.
The complaints manager in liaison with the senior child protection manager will make arrangements for this meeting, and the representative of the agency least directly involved in the case will normally fulfil the role of Panel chair.
The Panel membership should include at least two from amongst Safeguarding Investigations Unit, Children's Social Care, education and health agencies and the individuals should have had no previous or present direct line management responsibility for the case in question.
The Panel must be provided with the following documentation:
The complaints manager will liaise with the complainant throughout, and be available at the Panel, to advise on relevant processes.
The Panel should be convened within 20 working days of the receipt of the complainant's letter and consider whether:
The Panel will:
The Panel chair should ensure that the Panel's conclusions should be put in writing to the complainant within 10 working days of its meeting and will:
A recommendation must be made to re-convene the conference, under a different chair if:
If the Panel concludes that procedures relating to the conference were correctly followed and that the decision(s) reached were reasonable, it must confirm that the conclusions of the original conference stands and will be routinely reviewed when the Review Conference is held.
The Panel should also consider any specific concerns that may be relevant to communicate to agencies involved with the case and may make recommendations relating to practice or procedure to any LSCB agency.
The chair of a reconvened Child Protection Conference (initial or review) must ensure that all those present have seen or are briefed at the conference about the decisions reached by the Panel.
A distinction must be made by the chair between the need to discuss the conclusions of the Panel and the task of the Child Protection Conference, which is to consider the child(ren)'s current circumstances.
No further internal processes exist in those cases where the Panel concludes that all relevant processes were followed and that the decisions which were made were reasonable..
A complainant who nonetheless remains dissatisfied may wish to pursue her/his grievances via the Ombudsman or a Judicial Review.
In what are likely to be very rare cases, where a re-convened conference has been recommended, held and the complainant does not accept the outcome, the same Panel may (at the discretion of the complaints manager in liaison with the senior child protection manager) be asked to re-convene and review any remaining and clearly specified concerns.