Complaints by and for Children

If you are a child and want to complain, your foster carer can help you make a complaint as can your social worker or the Independent Reviewing Officer.

The person who the complaint is about will not be involved in the investigation of the complaint. However, they will be given an opportunity to respond to the allegation.

The child’s complaint will be taken seriously and they won’t be in trouble if they make a complaint.

How and what will happen should be explained to your child and you.

Any action agreed should be explained to you both.

Children and young people can get help with making a complaint

If they need help in making a complaint, they can choose an advocate

An advocate will:

• Help them with problems they have with children's services;
• Will meet with them and listen to what they are not happy about and how they want it sorted;
• Will not do anything without their permission, and they can tell the advocate what to do and who he or she can contact about their complaint;
• Will support them to make their complaint and try and resolve the problem;
• Will support them until they feel happy with how the complaint has been sorted or until the processes have finished.

The advocate will let the child know if the advocacy service may have to break their confidentiality if they or someone else is thought to be at risk.

The child can ask someone they know to be their advocate. This can be a teacher, a relative, Personal Advisor (PA), SEND Case Officer or maybe a friend. Foster carers can act as advocates as long as they are acting on the instructions of the child (or in their best interests if the child doesn’t have capacity),

If a child needs help in finding an advocate, you can contact our Children's and Education Customer Relations Team, who will contact our advocacy provider, Reconstruct, on their behalf and ask them to contact the child.

Remember it is the child’s right to complain if they are not happy about anything.

The child’s social worker or advocate will guide them about what is a complaint and what could be an allegation and a safeguarding matter.

If the child wants to make a complaint about the fostering service, see: How Can I Make a Complaint against the Fostering Service.

It is important for the child to understand, if age appropriate, the difference between complaints and allegations although there is sometimes an overlap. Any concerns in relation to a child who may be in need of protection must be dealt with under the Multi-Agency Safeguarding Children Procedures. Report a concern about a child or young person - Surrey County Council.

• The foster placement;
• The Fostering Service;
• The Local Authority including the child's social worker;
• Something outside of this, like the child's school/educational setting.

Your role is to

• Listen to the child, take them seriously and record accurately their comments. Although it may be difficult, try not to become defensive, remember the child has a right to their opinion, even though it may not be your perception of the situation;
• Inform your Supervising Social Worker; 
• Only if appropriate, try to help the child sort out the problem;
• Advocate (speak on their behalf) for the child where appropriate (like a pushy parent), depending on their age, stage of development and understanding; where they are happy for you to do so and depending on the problem;
• Help the child to access the formal complaints procedure for the Fostering Service or their local authority; Children's social care, education and SEND complaints - Surrey County Council;
• Ensure that they get feedback on what happens, via their social worker and/or advocate.

Most issues can be sorted out informally and speedily through discussion with either the child's social worker or your Supervising Social Worker, depending on what the problem is.

Stage 1 - Local Resolution:

At Stage 1, the complaint should be passed to the Children's and Education Customer Relations Team, Advocacy and complaints, Quadrant Court, 35 Guildford Road, Woking GU22 7QQ

• Telephone: 01483 519095
• Email: be.heard@surreycc.gov.uk

They will determine which Manager should investigate and this Manager will look at the complaint, and if possible provide a response to you and the child.

The Manager may arrange to visit you and the child to discuss the complaint.

The expectation is that the majority of complaints should be considered and responded to at Stage One and within 10 working days.  This may be extended by another 10 working days if agreed with the complainant and where there is a legitimate delay, for example in arranging advocacy support

Stage 2 - Investigation:

After Stage 1, if the child and/or you are still unhappy, you can ask that the complaint be considered at Stage 2. At this stage the Customer Relations Team can use their discretion to agree with the child/advocate the most appropriate way to resolve/respond to the complaint. This can include

• Review by a Peer manager;
• Mediation; or
• Independent Investigation.

They will produce a report for the Service with their findings of the investigation and any recommendations on how the complaint might be resolved. An ‘adjudication’ meeting will be chaired by a Senior Manager and gives the child and/or their advocate the chance to discuss the investigation report and the council’s response. They will then write to the child and their advocate saying what will be done to resolve the complaint.

Stage 3 - Review Panels:

Most complaints are resolved after Stage 2, but in some cases, if the child and/or you are still not happy you can both ask for the complaint to go to a Review Panel. A Review Panel is comprised of three people independent of the Fostering Service/Children’s Services and makes decisions about the complaint.

The panel may make other recommendations for the Council to consider.

At Stage 3, a Director has to respond to the Review Panel's decision and any recommendations.

For local authority complaints you can contact the Local Government and Social Care Ombudsman if you remain dissatisfied with outcomes.

If your complaint is about standards within the Fostering Services you can contact Ofsted if you have continued concerns about the service.

Ofsted
Piccadilly Gate
Store Street
Manchester
M1 2WD
Tel: 0300 123 4666
E-mail: CIE@ofsted.gov.uk

Click here for information on how to complain to Ofsted about a provider they inspect or regulate.

Click here for the online complaints form.

However, Ofsted will not be able to consider any complaints until this internal Complaints process has been fully completed.

You can also contact the Children's Commissioner for England.

See also: Involving Children in Decision Making.