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0038 2023/24
02/11/2023
Corporate Services
All wards
Children and Young People's Statutory Complaints Policy and Procedure - Revised October 2023
The Executive Director for Corporate Services is requested to approve the revised Children and Young People's Statutory Complaints Policy and Procedure.
The purpose of the report is to present a revised version of the Children and Young People's Statutory Complaints Policy and Procedure for 2023. This is the first revision since it was published in 2014. The report provides a high level overview of the proposed changes to the procedure which is attached at appendix A.
The Children Act 1989 introduced requirements around the administration and processing of complaints relating to children's social care services. Statutory Guidance, 'Getting the Best Out of Complaints' was published in 2006 to provide further detail on good practice complaint administration. St Helens Children and Young People's Complaint Policy and Procedure was produced in 2014 to set out the framework for the council's handling of complaints. The procedure is published on the council website and intended to be used as a guide to support effective complaint handling and response. Following a recent review of the council's current complaint processes, it has been considered pertinent to revise the current procedures to ensure it provides clarity for professionals and the public on how complaints will be handled by the local authority. Whilst much of the narrative content has been changed, the procedure remains fully compliant with relevant legislation. In summary the new procedure: 1. Clarifies that Stage 1 complaints will always be sent to the relevant Team Manager for response (or Head of Service if the complaint relates to a team manager) 2. Adds that consent will be requested from any child or young person over 12 years where a complaint is made by a verified adult 3. Confirms that the complainant will be asked to set out the points of complaint and that these will be agreed in writing. 4. Clarifies that if a stage 1 is not responded to on time, the Complaints Team can automatically escalate the complaint to Stage 2. 4. Confirms that the Complaints Team will agree with the complainant of the wording which needs to go forward for stage 2 5. Adds that the Investigating Officer will contact the complainant and agree an alternative timescale if the stage 2 is out of the 65 days. Consultation on the proposed changes has been undertaken with Children's Senior Leadership Team who are supportive of the overall approach. Whilst the Team responsible for the administration and investigation of complaints should be independent from the statutory service provision, buy-in from service managers and leaders is essential. Further engagement with Team Managers will be undertaken following approval of the procedure. If supported, a copy of the new procedure will be published on the council website and complainants will be provided with a copy of the document should they wish for clarification the council's overall approach.
The report presents the new Children and Young People's Statutory Complaint Policy and Procedure for approval as a delegated Executive Decision. The report summarises the main changes. The Executive Director for Corporate Services is requested to approve the new procedure, as attached.
Failure to have an up-to-date and relevant complaints policy and procedure can mean that the council does not follow due process in the administration and response to complaints. This can result in legal implications as well as reputational and financial damage for the organisation.
The revised policy and procedure has been updated to reflect the current practice in accordance with the legal requirements as set out within statutory guidance. Good practice areas have also been included. The policy and procedure has been shared with colleagues from the complaints team, Children's Services and the Council's legal team to ensure they are aware and can follow any changes.
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Please contact Hannah Myers on 01744676789
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