09.0 Complaints and Commendations

• 9.01 Complaints concerning individual agencies
• 9.02 Complaints about a Child Protection Conference
• 9.04 Stage One - Local Resolution
• 9.05 Stage Two - Complaint Review Panel
• 9.06 Resolution of Professional Concerns and Disputes
• 9.08 Where Professional Differences Remain
• 9.09 Commendation Procedure
   

9.01 Complaints concerning individual agencies

9.1.1 Each agency has a specific complaints procedure. The relevant agency should be contacted without delay where there are concerns about an individual and the way in which they have carried out an aspect of child protection work. This includes an agency’s performance and the provision or non-provision of services. The complainant must be notified that this has taken place.

9.02 Complaints about a Child Protection Conference

9.2.1 The procedure has been devised to meet the requirements of LASSL (2001) 02 in ensuring that complaints in respect of child protection conferences are dealt with fairly, efficiently and in such a way as to provide justice and fair practice.

9.2.2 Complaints should be resolved at the lowest level. In doing so there are two stages to the process:

Stage 1: Local resolution by the Conference Chair
Stage 2: Complaint review panel with recommendations passed to the Chair of the Safeguarding Children Board who makes the final decision.

9.2.3 A complaint can be made by the child or young person, parent or carer in respect of one or more of the following aspects of the functioning of the child protection conference:-

• The process of the conference
• The outcome, in terms of the fact of and/or the category of initial or continuing Child Protection Plan
• The decision not to order a Child Protection Plan, to remove a CPP or to continue CCP
• Any person (other than supporters) excluded from the Conference by the Chair.

9.2.4 A reconvened child protection conference or review may be recommended at any stage, where it is felt that the original decision was unsafe.

9.2.5 All actions including discussions and decisions, along with the complainant’s desired outcome, should be recorded in writing. The recordings should be filed and held by the Social Care Complaints Manager for a period of five years.

9.03 Publicising access and awareness of the procedure

9.3.1 All parents, carers and children will be informed of the complaints process in writing (leaflet) in advance of the Child Protection Conference.

9.3.2 It is the right of any parent or child to make a complaint and this should be explained clearly by the Conference Chair.

9.3.3 The complainant’s view should be sought in respect to their desired resolution

9.04 Stage One - Local Resolution

9.4.1 An expressed concern about the conference should be directed to the Conference Chair, who will clarify the complaint with the complainant. In clarifying the complaint the Chair should meet with the complainant to establish the desired outcome and endeavour to reach a satisfactory resolution.

9.4.2 An exception to this is when a complaint is being made specifically about the Conference Chair. In these circumstances, the complainant should be given the details of the Chair’s line manager and invited to make contact. In these circumstances, the Chair’s line manager will clarify the complaint, meet with the complainant and endeavour to reach a satisfactory resolution.

9.4.3 On receiving the complaint, the Conference Chair should notify the Social Care Complaints’ Manager and Safeguarding Children Board Manager by telephone.

9.4.4 The Conference Chair will attempt to deal with the matter sensitively and informally within 14 days. The Chair will have the discretion to seek guidance from their line manager and may elect to reconvene a child protection conference. The Chair will take a child centered approach and determine if a further child protection conference will be in the child’s best interest.

9.4.5 The outcome of the stage one will be sent in writing to the complainant with copies to the Social Care Complaints Manager and the Safeguarding Children Board Manager.

9.05 Stage Two - Complaint Review Panel

9.5.1 A Complaint Review Panel will be convened at the complainant’s request where they are not satisfied with the outcome of Stage One of this procedure. A review panel must be convened within 28 days of the request.

9.5.2 The Panel will comprise of at least three members of the Safeguarding Children Board, representing different agencies and will include the Chair for that area and the County Manager, Quality and Review. The Safeguarding Children Manager will arrange and chair the meeting and the Social Care Complaints Manager will be present to advise on the process and procedure.

9.5.3 The Panel will consider the Child Protection Conference minutes and the written outcome of the Stage One.

9.5.4 The Panel will 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 relevant protocols and procedures.

9.5.5 If, following this process, the complaint is upheld, the Panel should refer any recommendation regarding Child Protection Plans, halting CCPs, continuing CCPs or change of category to a reconvened child protection conference. This should be held as quickly as possible under the authority of a different chairperson, which should again consider, taking fully into account any recommendation made, whether the test for a CCP is met and, if so, the relevant category for CCPs.

9.5.6 Recommendations arising from the Complaints Review Panel will be agreed within 24 hours and a written copy will be given to the Chair of the Safeguarding Children Board within five working days. The Social Care Complaints Manager will be responsible for ensuring timescales are met.

9.5.7 The Chair of the Safeguarding Children Board will send a response to the complainant within 28 days of the Complaint Review Panel, setting out the response and any action that will be taken as a result.

9.5.8 The Social Care Complaints Manager will advise the complainant that the Complaint Review Panel concludes the Safeguarding Children Board procedure, and that any further concerns should be directed to the Local Government Ombudsman. The complainant should be informed that the role of the ombudsmen is to consider issues of process and that it is outside their remit to adjudicate on matters of professional practice. The Social Care Complaints Manager will send contact information for the Local Government Ombudsman to the complainant.

9.06 Resolution of Professional Concerns and Disputes

9.6.1 Professional concerns and disputes can arise at any stage of the child protection process and can lead to ineffective interagency working or in rare cases, dangerous practice. The purpose of this procedure is to ensure that a robust mechanism exists to resolve professional concerns and disputes before they have significant impact on the delivery of child protection services.

9.6.2 If professionals are unable to resolve differences through discussion, and/or meeting within a timescale that is acceptable to both of them, their disagreement must be addressed by more senior personnel within the respective agencies.

9.6.3 If agreement cannot be reached following discussions between managers (who should normally seek advice from the lead officer for child protection) the issue must be referred without delay through the line management to the equivalent of Group Manager/Detective Inspector/LEA Child Protection Advisor/Designated Nurse or Doctor or other designated professional. Record of discussions must be maintained by all agencies involved.

9.07 Dissent at Child Protection Conferences

9.7.1 If the Chair of a conference is unable to achieve consensus as to the Child Protection Plan, s/he will make a decision and note any dissenting views.

9.7.2 The agency or individual who dissents from the chair’s decision must determine whether they wish to further challenge the result.

9.7.3 If the dissenting professional believes that the decision reached by the Chair places a child at further risk of significant harm, it is expected that they will formally raise the matter with the County Manager, Quality and Review within two working days.

9.7.4 The County Manager Quality and Review will liaise with the Conference Chair and either:-

• Uphold the decision reached by the Conference Chair, or
• Require that the conference be reconvened.

9.08 Where Professional Differences Remain

9.8.1 If professional disagreements remain unresolved, the matter must be referred to the Head of Service for each agency involved.

9.8.2 All such disagreements and concerns must also be notified to the Safeguarding Children Board Manager who will monitor progress and outcomes.

9.8.3 In the unlikely event that the steps outlined above do not resolve the issue and/or the discussions raise significant policy issues and/or a number of similar concerns or disagreements have been recorded, the matter should be referred to the Chair of the Safeguarding Children Board.

9.8.4 The Chair of the Board may decide to refer the matter to the Serious Case Review subgroup.

9.8.5 Reports will be submitted to the subgroup and should contain:-

• A chronology of relevant agency involvement
• A summary and analysis of agency involvement
• Recommendations for future action.

9.8.6 The Serious Case Review Subgroup may recommend:-

• A Serious Case Review, where it is felt concerns are sufficiently serious and meet the criteria
• Acceptance of the recommendations made by the individual agencies
• A course of action, which has the consensus of the subgroup to resolve the concern/conflict.

9.8.7 The subgroup Chair will produce a report of the findings from the outcomes of the agency reviews which will be submitted to the Safeguarding Children Board. The report will include:-

• An integrated chronology of relevant events
• Summary of involvement of the relevant agencies
• Analysis
• Conclusion
• Agency recommendations
• Review Panel recommendations

9.8.8 The Chair of the Safeguarding Children Board will ensure that the relevant agencies produce an action plan to be presented at the next Board meeting for ratification.

9.8.9 The Serious Case Review subgroup will audit the implementation of the action plan.

9.09 Commendation Procedure

9.9.1 Alll written or verbal commendations concerning the inter-agency child protection activities should be acknowledged without delay.

9.9.2 The commendation should be passed to the Safeguarding Board Manager who will send a written acknowledgement and appreciation to the subject of the commendation.