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How to make a complaint about children’s services
This advice applies to: England
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What can you make a complaint about?
You can make a complaint about:
- any decision made by, or service provided by, a child’s social worker or a children’s services department
- not getting the services or help you or your child needs
- being treated in a way that is unfair or disrespectful
Parents, people caring for children, family members who are involved with the child and sometimes children themselves can make a complaint.
How to make a complaint
You should make your complaint within 1 year of the action or decision you are complaining about. If it is more than 1 year, children’s services should still consider your complaint if you have a good reason for not submitting your complaint earlier.
If they decide it’s too late, you can complain to the Local Government Ombudsman.
At first, you may want to discuss the issue informally either by speaking to your social worker, their manager, or writing to children’s services. If this doesn’t resolve the issue, then you may want to make a more formal complaint following the steps below.
You can request this from them directly, or it may be available on their website.
This will usually be the children’s services complaints team.
It’s helpful to complain in writing if you can. You can ask a friend, carer, family member or an organisation like Citizens Advice to help you if you don’t feel comfortable doing this yourself.
You should send your complaint to the specific address stated in the complaint’s procedure.
Tips for making a complaint
When it comes to writing your complaint, try to:
- cover all the relevant points, but be as brief as you can
- stick to the facts
- try to remain polite and calm
- be specific: use the social worker or staff member’s name and note the date and time of any incidents
- make sure you explain clearly what you think children’s services has done wrong, how this has affected you and/or your child and what you want them to do to put things right
- keep a copy of the complaint and a note of the date you sent it
- send copies of relevant documents – but only those that will help the complaints officer understand your complaint or provide evidence to support it
- keep notes of any telephone calls about the complaint, including the name of the person you spoke to
What happens after I complain?
Each local authority will have its own complaints procedure. However, they must all follow the same general guidelines and the three steps outlined below.
Stage 1: local resolution
This stage is usually dealt with by the manager of children’s services (or service manager). They should discuss the complaint with you and aim to agree a resolution.
This stage should be completed within 10 working days. However, in a complex case the time limit may be extended for an additional 10 working days.
If you’re happy with the outcome, children’s services must write to tell you what they found to be wrong and what they’re doing to put it right.
If you’re not happy with the outcome, you should ask for your complaint to move to stage 2.
Stage 2: investigation
This stage is dealt with by an investigating officer and an independent person. The investigating officer will produce a written report setting out their findings. The report will be passed to a senior manager called the adjudication officer, who decides the response.
This stage should be completed within 25 working days. However, in a complex case the time limit may be extended for an additional 65 working days.
Children’s services must write to tell you the outcome of the investigation and any action that is being taken.
If you’re not happy with the outcome, you should ask for your complaint to move to stage 3. You must do this within 20 working days of receiving the outcome.
Stage 3: review panel
The review panel is made up of 3 independent people who will consider the complaint and make recommendations. You can attend the panel meeting if you want to.
The panel must meet within 30 working days of receiving your request. They must provide a written report of their recommendations within 5 working days of the meeting.
A senior person from children’s services will review the report and make the final decision about your complaint. They will write to you within 15 workings days of receiving the panels report to let you know the outcome.
If you’re not happy with the outcome, there are other people who can help.
Who else can help?
If you’ve followed the complaints process and are not happy with the outcome. There are other organisations and people that can help.
Local Government Ombudsman
You can ask the Local Government and Social Care Ombudsman to look at your case.
The ombudsman will decide whether children’s services have done something wrong which has directly affected you and caused you an injustice.
You should normally complain to the ombudsman within 12 months of the final decision.
If the ombudsman decides that children’s services have done something wrong, it may recommend that action is taken to put things right.
Although the ombudsman can’t make authority’s do what it recommends, they will usually act on what the ombudsman says.
The ombudsman can ask children’s services to:
- carry out an assessment of the child’s needs
- make sure the services and support provided meet the identified needs of the child
- make changes to its procedures so that the same problem doesn’t happen in the future
The Local Government Ombudsman lists recent successful complaints on their website: search lgo.org.uk.
Your local councillor or MP
Sometimes it may help to involve your local councillor and/or MP. You could ask them to intervene even if you are still going through the complaints procedure.
In local authorities which deliver children’s services, there will be a specific councillor responsible for children and families. They might be called the Lead Member for Children and Families or Cabinet Member for Children’s Services. Councillors and MPs usually hold regular in-person surgeries, either at their offices or in local facilities such as libraries.
You can find who your councillors are and contact them at gov.uk/find-your-local-councillors.
You can find out who your local MP is at members.parliament.uk/members/commons.
You can find details of your local councillors and MP, and send them messages directly, by entering your post code at writetothem.com.
The High Court
If your complaint is urgent or if you have exhausted the complaints procedure, you may be able to apply for judicial review. This is when the High Court looks at the way a decision was reached to see if it was legally correct.
Judicial review is a complicated area of the law and can be very expensive. If you are considering it, you should consult a solicitor specialising in this area of law. Strict deadlines usually apply to judicial review applications, so you should get legal advice as soon as possible.
Helpful organisations
Kinship’s advice line can provide you with information and advice about making a complaint to children’s services or taking it further if you’re not happy with the outcome.
We have also listed other organisations who can provide support and advice below, with their contact details below.
0300 061 0614
www.lgo.org.uk
If you are still not satisfied after making a complaint to a council, you can contact the LGO for advice. The LGO is a free service and its role is to investigate complaints in a fair and independent way.
0808 801 0366
www.frg.org.uk
FRG offers free, confidential, independent advice to family members who are involved with or need help from children’s services.
0808 808 1001
www.nyas.net
NYAS provides specialist legal advice, advocacy and legal representation to children, young people and vulnerable adults through a network of paid workers and volunteers throughout England and Wales.
0300 330 5480
www.childlawadvice.org.uk
The Children’s Legal Centre offers free legal information and advice on all legal issues relating to children and young people.
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