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Local resolution: health and social care

Complaints about Social Care Services for Children and Young People

New regulations came into effect in 2006: The Children Act 1989 Representations Procedure (England) Regulations 2006. 

The Regulations revoke and replace the Representations Procedure (Children) Regulations 1991 and this guidance replaces that contained in The Children Act 1989 Guidance and Regulations Volume 3 – Family Placements and Volume 4 – Residential Care (Department of Health, 1991).

Detailed guidance on these procedures can be found at http://www.everychildmatters.gov.uk/resources-and-practice/IG00152/ (external link)

The new Children Act 2004 requires local authorities to lead on integrated delivery through multi-agency children’s trusts (external link), to develop a Children and Young People’s Plan (CYPP) (external link), and to set up a shared database of children, containing information relevant to their welfare.
More information and key documents (external link)

THE NEW PROCEDURE FOR CHILDREN ACT 1989 COMPLAINTS 

Stage 1 – Local Resolution

Complainant brings concerns to the attention of the person providing the services locally.  The local authority should consider mediation and conflict resolution at this stage and at all other stages. The local authority should make an initial attempt to resolve matters within 10 working days (unless an extension is agreed.)

If not resolved – or if there is agreement for investigation

Stage 2 – Investigation

The local authority should provide an investigation that produces a report and an adjudication within 25 working days (or within the extended period of 65 working days).

If not resolved

Stage 3 – Review Panel

A panel of 3 independent people should meet to consider the complaint and produce recommendations.

If not resolved

Referral to Local Government Ombudsman (note that complainant can approach the Local Government Ombudsman at any stage).

 

The CSCI Children's Rights Director has recently produced a report called "Getting the Best from Complaints" - the Children's View (external link) It covers the views of children being looked after or supported by social services on the government's proposed changes to the way complaints about children's social services are dealt with.

Voice for the Child in Care (VCC)
VCC provides independent complaints and reviews services to Local Authorities in order to assist them in meeting their statutory responsibilities under the Children Act complaints procedure and in reviews held for young people in secure accommodation. VCC also provides independent confidential advocacy services to children in need, in care or leaving care.


Next: Local Government Ombudsman

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ICAS Resources for the complaints journey
April 25, 2007
ICAS Resources for the complaints journey