Complaints Policy

Table of Contents

1. Policy
2. What is a complaint?
3. Who may make a complaint?
4. Informing children/young people about the complaints
5. Time limit for making a complaint

5.1    Stage 1 of complaint

5.2    Stage 2 of complaint

5.3    Stage 3 of complaint

6. Recording and finalising children’s complaints
7. External complaints
8. Representations
9. Legislative framework and guidance
10. Revision history

Policy

It is our policy to ensure children/young people and others:

• understand their rights to make a complaint or raise a concern about the care and support provided by the home
• know how to make a complaint, raise a concern, and how this will be responded to
• are supported to make a complaint should they wish and supported to have their complaint addressed within the confines of this policy.

What is a complaint?

• A complaint is an expression of dissatisfaction, however made, about the standard of service, care and support or the actions or lack of action by the home towards an individual or a group.
• A complaint should normally be made where all other reasonable methods of resolving the dissatisfaction have been tried and failed or where the complainant believes they would fail.
• A complaint may be about:
  • the lack of service
  • being refused a service, including an assessment
  • the quality of a service
  • the attitudes or behaviour of staff
  • decisions made by staff
  • delays in dealing with problems or in providing a service
• The complainant should be advised that complaints can always be directed to the Care Inspectorate or the Placing Authority.
• Complaints will be treated in confidence and will be taken seriously by management.

Who may make a complaint?

The following persons have a right to make a complaint:

• a child/young person
• a parent of a child/young person
• a person acting on behalf of a child/young person
• a neighbour living in the locality
• a third-party with links to the service or member of the public.

Informing children/young people about the complaints

Children/young people will be informed about the home’s complaints procedures in a variety of ways, including the children/young person’s guide given to them before or upon admission. The guide must be in a format that the child/young person can understand and must include the name, address and telephone number of the regulatory authority. It should also signpost children/young people to details of people they can complain to, including their manager, IRO, social worker, Children and Young People’s Commissioner Scotland, NSPCC, and Care Inspectorate.

The home should have in place a notice of the in-house complaints process that children/young people can access without having to make a request. It should be easy to understand. This can be displayed on notice boards, with relevant contact details and include paper and envelopes to enable children/young people to write their complaint and submit it to the manager. The manager should address the complaint as soon as it is received, ensuring there is a record of the complaint, the process undertaken to resolve the complaint and any letters given to the child/young person or others as a result of their complaint. Although the following gives the extended times under which a complaint can be managed. It is in everyone’s best interest that a complaint is considered by the manager as soon as it comes to light and if the complaint is from a child/young person that is given due regard as quickly and efficiently as possible. Managers should still follow the process and recording steps below; however, they should consider that children/young people will want to see a response to their complaint quickly and to avoid further issues arising it is in everyone’s best interest that the matter is addressed promptly.

Time limit for making a complaint

• The organisation does not need to consider complaints made more than one year after the grounds to make the representation arose. In these cases, the complainant should be advised that their complaint cannot be considered.
• The time limit can be extended at the organisation’s discretion if it is still possible to consider the complaint effectively and efficiently. The organisation may also wish to consider such complaints if it would be unreasonable to expect the complainant to have made the complaint earlier. For example, where the child/young person was not able to make the complaint or did not feel confident in bringing it forward in the year time limit.
• Though not exclusive, possible grounds for accepting a complaint made after one year are:
  • genuine issues of vulnerability
  • the organisation believes that there is still benefit to the complainant in proceeding
  • there is likely to be sufficient access to information or individuals involved at the time, to enable an effective and fair investigation to be carried out
  • action should be taken in light of human rights-based legislation

Stage 1 of complaint

Timescale: 10 working days

• The manager should resolve the matter within 10 working days. This may be extended for a further 10 working days with the agreement of the complainant. If the complaint is resolved within 10 working days, the manager should:
  • record a summary of the complaint and the manner in which it was resolved in the complaints log and the daily record of any relevant child/young person
  • confirm in writing to the complainant the agreed resolution
• The maximum amount of time that Stage 1 should take is 20 working days. After this deadline, the complainant can request consideration at Stage 2 if they so wishes. If the complaint relates to a child/young person in our care, the social worker should be consulted.

Stage 2 of complaint

Timescale: 25 working days

• Where the person receiving the complaint cannot resolve it within the timescale of Stage 1 of complaint, it should be referred to the head of service for formal consideration.
• Before undertaking the formal consideration, the head of service should clarify the substance of it with the complainant, put it into writing and give a copy to the complainant. If the complaint relates to a child/young person in our care, the social worker should be consulted.
• The manager should attempt to resolve the complaint within 25 working days. This may be extended with the agreement of the complainant to maximum 65 days.
• The complainant should be notified of the outcome of the complaint in writing. If the complaint was justified, the complainant should be told what, if any, remedial action will be taken and an apology offered.
• Details of the outcome must be recorded in the complaints log, which must be countersigned by the manager. Copies of records and correspondence relating to the complaint should be kept as follows:
  • on the child/young person’s file
  • in the complaints file
• A copy of the outcome must be sent to the regulatory authority and the placing authority. If dissatisfied with the outcome of Stage 2, the complainant may request a Stage 3: Review panel to consider their complaint. The request must be made within 20 days. The complainant may also ask that their complaint be passed to the placing authority or regulatory authority.

Stage 3 of complaint

Timescale: 30 days to convene and hold the review panel

• To instigate a Stage 3 review, the complainant should notify the head of service in writing. The notification will be confirmed in writing explaining the process and timescales for undertaking a Stage 3 Review. The head of service will ensure:
  • senior managers and relevant social workers are notified and briefed as necessary until the matter is resolved
  • the complainant is clear about the process and timescales
  • the complainant has access to an independent advocate or representative
  • a review panel is established to consider the matter. The review panel will consist of three people that are independent of the matter being considered, one of the panel members will be asked to chair the panel and report to the head of service on the recommendations that are made
  • necessary arrangements are made for the panel to be convened and conducted in a fair manner
• The panel will have five days to issue its findings; The recommendations of the panel are properly considered, involving senior managers as necessary, and that any decisions or actions are acted upon promptly. The complainant and his/her advocate/representative are briefed in writing of the outcome.

Recording and finalising children’s complaints

• Complaints from children/family members may be received both verbally and in writing. A child-friendly explanation of how to make a complaint is set out in the children/young person’s guide. A copy must be available in a communal area where a child/young person does not have to request this and be easy to understand. Any reprisals against a child/young person who has made a complaint are strictly forbidden. A member of staff can make a complaint on behalf of a child/young person, provided the child/young person gives consent.
• Each instance of complaint must be reported to and overseen by the manager. Upon receipt of the complaint, the manager will complete the appropriate sections in the complaints book for appropriate action.
• Every effort will be made to resolve the complaint informally, through negotiation and mediation. If this is unsuccessful, the matter must be pursued formally. A full response to the child/young person or family member, where appropriate, must be given within 10 working days. They must be kept informed of progress being made during this time. Any person who is the subject of a formal complaint must not take part in any response to/consideration of that complaint.
• If the manager is unable to satisfactorily resolve the complaint within the timescales of the process or is indeed the subject of any complaint, then the child/young person or family member, where appropriate, has the right to refer the complaint to the regulatory authority.
• Once the complaint has been resolved, the manager will complete the relevant sections in the complaints book, which will then be signed-off by the head of service.
• The manager is responsible for maintaining records relating to a complaint, using an appropriate complaints book as the basis for monitoring the progress made in resolving the complaint.
• Records will include written complaints received, and copies of statements from relevant parties during the investigation.
• Completed complaints will be reviewed on a regular basis for any adverse trends in service quality as part of the monitoring of the home.
• A section must be included in the complaints book allowing for the child/young person to make a comment on the outcome of the complaint. This must be offered on every occasion and the child/young person’s comments recorded.
• In all cases, a letter must be sent to the person making the complaint throughout the process and at the end of the process.
• There must be a section for the child/young person to sign that they are happy with the outcome of the complaint.
• Before any review of the complaint’s procedure, the children/young people’s views must be sought and recorded that they agree the changed and are happy with them.

External complaints

There may be a need for people external to the organisation to make a complaint regarding the home or the children/young people in our care. The complaint must be heard, in the first instance, by the most senior staff member on shift who takes a written record. Depending on the nature of the complaint, the resolution could range from an immediate apology to further investigation. In the latter case, the manager must be informed. The above complaints procedure must then be implemented.

Representations

• A representation allows a child/young person to comment on the service they receive, such as to ask for changes to be made and ask about services they would like. People can, therefore, make representations, without them being complaints. However, failure to deal effectively with a representation can lead to a complaint.
• Staff should encourage and support children/young people to have their say and make suggestions about improving the quality of care they receive and the day-to-day running of the home.
• The manager must respond to a child/young person’s representation within a reasonable timescale. If the child/young person does not feel that a representation has been dealt with effectively, then the representation may qualify as a complaint.

Legislative framework and guidance

• Health and Social Care Standards: My support, my life – Standards 4.20 and 4.21
• Getting it Right for Every Child (GIRFEC)
• Children and Young People (Scotland) Act 2014
• The United Nations Convention on the Rights of the Child
• European Convention on Human Rights (ECHR)

Revision history

Date of next review: September 2021

Date of release: September 2020