Children's ServicesRepresentation and

Complaint Procedure

December 2019

How to share feedback about Children’sServices provided by Cambridgeshire

County Council

This document explains how you can provide feedback about Children’s Servicesprovided by Cambridgeshire County Council. This includes feedback about Early Help,Statutory Assessment Team, Special Educational Needs Disability Services andChildren’s Social Care. Your feedback may be a comment, enquiry, compliment orcomplaint. However, this procedure does not include feedback for Adult Services, nordoes it include other Cambridgeshire directorates such as Place and Economy or PublicHealth.

Cambridgeshire County Council is committed to learning from customer experience toensure we deliver the best possible service. Your feedback enables us to know what wedo well and what we can improve upon.

If you are entitled to or have received a service from us, then you (or yourrepresentative) have the right to provide feedback about such services or aboutagencies who provide services on our behalf. All feedback will be considered andrecorded. Learning obtained will be shared with senior managers and our staff group,with a view to making changes where appropriate.

We will give help and advice to anyone wishing to provide feedback.Please let us know if you have a disability, if you have difficulty

communicating in English, or if you have other needs which we needto take into consideration. We will then make arrangements to

support you as best as possible.

Please note that all complainants are entitled to request a 3-stageformal complaint process, although we would hope to resolve

complaints at an early point wherever possible. This documentdescribes the difference between the Corporate and Statutory

complaint processes, with Early Help and Education complaintsfollowing the Corporate procedure and Social Care complaints in

the main, following the Statutory procedure.

If you have any queries about this document, or wish to providefeedback, please contact the Customer Care Team.

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Customer Care TeamThe Children’s Customer Care Team is comprised of a full time Customer CareManager and two full time Customer Care Officers. They coordinate and reportupon all feedback received. The contact details for the Team are as follows:

Children’s Customer Care TeamSH1215Shire HallCambridgeCB3 0APTel 01223 714765 or 03450 455 203Email: childrens.servicesfeedback@cambridgeshire.gov.uk

ReportsThe Customer Care Team produces an Annual Report that is available to the publicvia Cambridgeshire County Council’s website. Alternatively, you can request a copyto be posted to you by the Customer Care Team.

Leaflets and Publications

CommunicationPrivate law – where relationships have broken down between parentsChild Protection – from investigation through to Conference and the ending ofChild Protection PlansLooked After Children and Care Proceedings

The Customer Care Team produces information for the public as themes arise fromcomplaints and other feedback with a view to clarifying the Council’s roles andresponsibilities for the benefit of both the public and the staff. To date, these haveincluded leaflets on:

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ContentsThe Customer Care Team Page number

REPRESENTATIONS

Access to Records Advocacy Complaints that involve other bodies Complaints made on behalf of or about a child or young person Data Protection Deferring, freezing or suspending complaints Complaints outside of remit Claims for significant compensation Disciplinary Procedures Persistent complainants

THREE-STAGE COMPLAINT PROCEDURE

Stage 1 complaints – Corporate and Statutory Dissatisfaction with Stage 1 – All complaints Stage 2 – Corporate Complaints Dissatisfaction with Stage 2 – Corporate complaints Stage 3 – Corporate Complaints Stage 2 – Statutory Complaints (Children’s Social Care) Dissatisfaction with Stage 2 – Statutory complaints Stage 3 – Statutory Complaints (Children’s Social Care)

Next Steps - All complaints – The Local Government Ombudsman

Useful Contact Details

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5667778889

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RepresentationsRepresentations may not always be complaints, they might also be positiveremarks or ideas that require a response from the Local Authority. Enquiries,questions or comments about the availability, delivery or nature of a service arelikely to constitute representations, for example when children and young peoplewish to put forward ideas or proposals about the service they receive or theestablishment they live in, without having this framed as a direct complaint.

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Sometimes we hear from a Member of Parliament (MP) or County/DistrictCouncillor (Cllr) on your behalf. These enquiries are usually sent to the County Council's Chief Executive or the Executive Director for People and Communities. Replies are sent back to the MP or Cllr, who may or may not decide to share the response with you. In the event that you are unhappy with the response given to your MP or Cllr, you can choose to make a complaint at Stage 1 of our complaints process.

All compliments are forwarded to and logged by the Customer Care Team, whoreport upon these within their Annual Report.

It is also important to know what has gone well, so do please tell us. This is not justsomething to celebrate but is also a valuable source of learning. You can eithersend your compliment directly to the Service or to the Customer Care Team.

Where someone makes the same enquiry repeatedly, it may be more appropriatefor the issues raised to be dealt with through our complaints procedure, which isdescribed later in this document. If this seems to be the best course of action, theCustomer Care Manager will let you know.

In such instances it is usually best to raise these representations directly with theService that is working with you and your family, as you are likely to receive a fasterresponse. If you are unsure about who to speak to or feel your query is notreceiving an answer, you are welcome to contact the Customer Care Team,however as we are not involved in case work we will not automatically know all thedetails of your situation, so please be patient as we will need to gather specificinformation to know who best to direct your representation toward.

Access to RecordsSometimes, members of the public wish to access their own or their children’srecords. You can do this using the following on-line form:www.cambridgeshire.gov.uk/data-protection-and-foi/information-and-data-sharing/requesting-information-under-the-data-protection-act/ If you do not haveaccess to a computer, please let us know and we will send you the relevant form inthe post.

All ComplaintsWe accept that there may be occasions when you are dissatisfied or disagree withsomething that has occurred, and we would encourage you to discuss it as soon aspossible with the relevant member of staff. It may be that there has been amisunderstanding or that a process has not been fully explained to you. If we areunable to resolve the issue to your satisfaction or if you wish to make a formalcomplaint, please let us know as soon as possible. You can make your complaint in whichever way is most convenient for you. It doesnot have to be in writing, however there is an online form on the County Councilwebsite should you wish to submit it via this route:www.cambridgeshire.gov.uk/council/contact-us/ People sometimes chose to write a letter, email or phone in with complaints orraise them in person. You can also use the Feedback Leaflet which contains asimple form with freepost address. This should have been given to you when wefirst started to work with you, but it can be provided again on request. If you wish to make a complaint in person, you can do so with any member of staff,

who will then pass the details onto the Customer Care Team.

The key information that we need is your name and contact details, name(s) of the child/ren involved and the nature of your

complaint, ideally together with what you would like to happenas a result of raising your concerns.

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AdvocacyWe understand that people often find it stressful to make a complaint and maywelcome assistance with this. You can always choose to have informal supportfrom a relative or friend but if you believe an advocate would help, we will try toput you in touch with an appropriate service. Currently all Children and YoungPeople who are designated Children in Care (CiC) or children subject to a ChildProtection plan (CP) who wish to make a complaint about Children’s Social Care areput in touch with the National Youth Advocacy Service (NYAS), who will providethem with independent and confidential support through the process.

Complaints that involve other bodiesWherever possible, complaints against the Local Authority will be dealt withthrough one investigation and response, including complaints that span Adults andChildren’s Services, or those that involve Children’s Services and other agencies,such as Health. However, decisions will be made as to the timeliness of any suchjoint response and the complainant will be informed if more than one response willbe sent.

Complaints made on behalf of or about a childor young person

Where a complaint is received from a representative acting onbehalf of a child or young person, the Customer Care Team will

seek to confirm where possible that the child or young person ishappy for this to happen and that the complaint submitted reflects

their own views. The Customer Care Team is also likely to receivecomplaints by adults that relate to a child or young person but are

not made on the child's behalf. The Children’s Act 1989, givesdiscretion to the Local Authority to decide whether or not thecomplainant is suitable to act in this capacity or has 'sufficient

Complaints that entirely concern other agencies must be dealt with by thoseagencies, and where they relate to independent providers, their own complaintprocedure must be followed. For example, complaints relating to Child Minders,Playgroups and Nurseries should be addressed to Ofsted, and complaints relatingto individual schools should follow the School's own complaint procedure.

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interest' in the child’s welfare to raise such concerns. If the Customer CareManager considers that you do not have sufficient interest, they will notify you inwriting, explaining that no further action will be taken. The Customer CareManager may need to discuss the matter with relevant operational managers inorder to make this decision.

Data ProtectionYou will understand that great care is needed with regard to Data Protection,especially where complainants do not have Parental Responsibility for the childrenabout whose services they are complaining. We cannot share information with youto which you are not entitled, without the explicit, signed consent of the person towhom the information belongs.

Sometimes complaints are received from extended familymembers. In these situations, the Customer Care Team will ask

whether or not at least one parent with Parental Responsibility orthe child or young person concerned is aware of your complaint. If

so, we may contact that parent/child/young person to seekpermission to communicate directly with you. Where this

permission is not given, only very brief information can be shared.Another option is for the response to be sent to either the personwith Parental Responsibility or the child/young person, who then

has the choice whether to share it with you.

Additionally we may receive a complaint from a parent who does nothave Parental Responsibility, where we would again need to seek

permission before replying in detail.

Deferring, freezing or suspending complaintsIt may not be possible to accept a complaint about a matter which could prejudicea ‘concurrent investigation’ within any of the following situations: CourtProceedings, Tribunals, Disciplinary Proceedings or Criminal Proceedings. Once theconcurrent investigation has concluded, you may resubmit your complaint forconsideration, however, the complaints process outlined in this guidance is not anappeals procedure against Court, Tribunal, Disciplinary or Police decisions,therefore complaints should not be used as an additional means to try and achievea desired outcome.

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Complaints which have already been accepted can also be suspended in somesituations, for example if the case is going before a Court or if a Child Protectioninvestigation is taking place. If your complaint is about a proposed change to a CarePlan, a Placement or a Service, this decision may need to be deferred until yourcomplaint has been considered. However, care will be taken if deferring a decisionis likely to have a significant effect upon the mental or physical wellbeing of a childor young person.

Complaints outside of remitComplaints are not usually accepted in relation to events which occurred morethan 12 months prior unless you were unaware of those events until recently.(Complaints from children and young people may be accepted outside the 12month period, where they were not able to make the complaint or did not feelconfident in bringing it forward within the 12 month timeframe). Complaintscannot be accepted if they have previously been raised and responded to morethan 12 months earlier or have already been dealt with at all three stages of thecomplaints procedure.

Particular aspects of a Child Protection Conference such as how the Conferencewas run, the decision of the Conference to make the child the subject of a ChildProtection Plan, or the decision of a Review Conference to continue with the ChildProtection Plan, are outside of our complaints procedure remit. However, it may bepossible to raise such issues with the Conferencing Service; the ConferenceChairperson, their line manager or directly with Cambridgeshire and PeterboroughSafeguarding Children Partnership Board (SCPB).

Claims for significant compensationThe complaints procedure is not a way to obtain financialcompensation per se. If you seek only compensation as theresult of your complaint, you should take legal advice aboutmaking a claim against Cambridgeshire County Council. TheCouncil can, however consider complaints where its actions (orlack of) have resulted in you incurring unnecessary expenses orsuffering financial loss or hardship.

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Disciplinary ProceduresPlease note that the complaint procedure, whether Corporate or Statutory, iscompletely separate from any Disciplinary Procedure and as such, details of whichare kept strictly confidential. Complainants are not informed of any such action,although we accept that sometimes complainants may wish for members of staff tobe disciplined.

Persistent Complainants

Where someone is perceived as being a persistent complainer, a meeting may beoffered to determine whether the frequency of their contact is because they reallybelieve things have gone wrong or if their actions might be deemed asunreasonable.

The Local Authority is committed to dealing with all complaints fairly andimpartially, providing a high quality service to those who complain. However, thereare a small number of complainants who, because of the frequency of their contactwith the Local Authority, hinder consideration of their own complaints.

Where the relationship becomes unworkable, possibly due toabusive, threatening or other unreasonable behaviour, the Customer

Care Manager will write to you to explain why your behaviour fallsinto that category. They will advise you what action will be taken

and the duration of that action.

If you are persisting with your complaint because you feel the issues raised havenot been considered in full, then the Customer Care Manager will consider anyoutstanding issues. If it is found the Local Authority has already addressed yourconcerns and has demonstrated this to you, then the Customer Care Manager willconsider whether you meet the criteria as inappropriately persistent.

If you continue to behave unreasonably, or override therestrictions placed on your access to our Service, we may decide to

terminate contact with you and end any investigation into yourcomplaint.

New complaints from people whose behaviour has previously beendeemed unreasonable will be treated on their own merit.

Restrictions imposed in respect of an earlier complaint will notautomatically apply to a new matter.

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Three Stage Complaint ProcedureComplaints against Children’s Social Care are subject to Statutory Regulations 1 andGuidance 2* and involve external scrutiny at Stages 2 and 3. All other complaintsare dealt with under the Local Authority’s Corporate complaint procedure, with all3 Stages being considered internally. See below for more information.

*1 The Local Authority Social Services Act (1970) and the Children Act 1989 Representations Procedure (England),Regulations 2006, set out the rules by which we manage feedback.2 ‘Getting the Best from Complaints – Social Care Complaints and Representations for Children, Young People andOthers – department for education and skills (2006)

STAGE 1 COMPLAINTS – Local Resolution Corporate and Statutory

The Customer Care Team is central to the management of all Children’s Servicescomplaints. On receiving your complaint, the Customer Care Team will send you anacknowledgement letter, explaining:

Whether your complaint is being dealt with under the Statutory or Corporatecomplaint procedure;Which Manager will be investigating and responding to you; The due date for the complaint response to be sent to you.

The Customer Care Manager will raise any urgent issues about practice, shouldthese become apparent.

Timescales:

The Responding Manager may contact you to discuss your complaint or invite youto a meeting, especially where you have raised a number of issues or if thesituation is particularly complicated. In such circumstances, the Manager will have10 working days from the date of the meeting, in which to send you a writtenresponse, detailing the discussion and any actions agreed.

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An acknowledgement letter will be sent within 3 working days of receipt of yourcomplaint; The response will usually be sent on or before 10 working days of receipt ofyour concerns (the date of receipt is counted as day zero);A holding letter will be sent if there is going to be a delay, with a maximum of 20working days for the response letter to be sent (in complex cases, 20 days maybe given from the outset).

You will be sent a feedback form with the response letter which we invite you toreturn if you have any further comments to make, including whether there are anyunresolved issues. If we do not hear from you within 20 working days, yourcomplaint will be closed.

Dissatisfaction with outcome of Stage 1

We will always try to find a satisfactory resolution to any issues that continue tocause you concern. If we have not met with you beforehand, we may arrange aface-to-face meeting with you so we can discuss your dissatisfaction in person, andyou will be able to bring a supporter with you to any meeting arranged.

Where the matter has not been resolved locally, the complainant has the right torequest consideration of their complaint at Stage 2.

The process for Stages 2 and 3 is different depending on whether the complaint isbeing dealt with under our Corporate or Statutory Complaint procedure. In allcases, Stages 2 and 3 are coordinated by the Customer Care Team, however theexpectation is that the majority of complaints should be considered (and resolved)at Stage 1.

Stage 2 – Corporate Complaints

Where your request for consideration at Stage 2 has been accepted, it is passed bythe Customer Care Team to a Manager with greater seniority than the RespondingManager from Stage 1. Together with the request for Stage 2, the Customer CareTeam passes the original complaint and response to the relevant Senior Manager.The Team will write to you within 3 working days to say which Senior Manager is tobe involved and to give a due date for a response, 10 working days from agreementto go to Stage 2 (or 20 working days in complex cases).

Dissatisfaction with outcome of Stage 2 – Corporate Complaints

As with earlier dissatisfaction, the Customer Care Team together with the Manager,will attempt to find a resolution that is acceptable to you before going to Stage 3.

Stage 3 – Corporate Complaints

If you remain dissatisfied you may ask for your case to be reviewed at Stage 3. AtStage 3 your complaint and the Stage 1 and 2 responses are shared with theCouncil's Chief Executive, who will facilitate a review of your complaint.

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We aim to complete the Stage 3 review within 10 working days, however thistimescale may be extended in complex cases. If there is to be a delay, the CustomerCare Team will let you know when you may reasonably expect a response.

Stage 2 – Statutory Complaints – Children’s Social Care

The Customer Care Manager has discretion to pass complaints directly to Stage2. This is rare but sometimes takes place where the situation is particularlycomplex.

Stage 2 involves the appointment of two independent people to investigate thecomplaint. The Local Authority has a contract with Coram Voice who employ anumber of Investigators with a range of relevant backgrounds. They have all beenDisclosure and Barring Service (DBS) checked and are taken on for single pieces ofwork which they are paid for at an hourly rate.

There is a lead Investigating Officer (IO) and an Independent Person (IP) appointedto each Stage 2 investigation. The latter ensures that the investigation is thorough,transparent and fair, with clear and logical outcomes. The IP has the additionalresponsibility of keeping the child’s best interests at the centre.

With your written permission (and with the knowledge of any other person withParental Responsibility, including where appropriate the child or young person), theindependent people will meet with you to draw up a Schedule of Complaint,clarifying the areas of complaint which remain unresolved, and to establish yourdesired outcomes.

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The Stage 2 investigation timescale will start from the date that the Schedule ofComplaint is finalised and signed. The investigation should be completed and theresponse sent within 25 working days which can be extended to a maximum of 65working days if the case is complex.

The investigators will have access to all relevant records other than Courtpaperwork, for which Court permission would need to be sought. These should bereleased within the bounds of normal confidentiality and with regard to relevantlegislation from the Freedom of Information Act, 2000 and the Data Protection Act,1998.

The investigators will then arrange to read the relevant files and interview staff,including any staff members who have left the Local Authority (providing they aretraceable). The Schedule of Complaint is sent in advance to all staff to beinterviewed so they can prepare.

Both reports are forwarded to a Senior Manager to be considered in the capacity ofAdjudicating Officer. The Adjudicating Officer will prepare a response to thereports. In doing so they may offer to meet with you or the child/young person.Following which both reports and the ‘letter of adjudication’ will be sent to you andshared with the Service/Team concerned, so that lessons may be learned.

The Investigating Officer writes the main report, including findings, conclusions,outcomes and recommendations, and the Independent Person writes a shortersupplementary report commenting on how the investigation was conducted.

Dissatisfaction with outcome of Stage 2 – Statutory Complaints

As with the Corporate Complaint process, we will attempt to find resolution to anyongoing dissatisfaction prior to proceeding to Stage 3.

Stage 3 – Statutory Complaints – Children’s Social Care

Where Stage 2 of the Statutory complaints procedure has concluded, if you remaindissatisfied, you may request further consideration of your complaint by a ReviewPanel at Stage 3. You will have 20 working days to request a Stage 3 Panel fromreceiving the Stage 2 reports and ‘letter of adjudication’ or within 20 working daysof any adjudication meeting.

Unlike Stages 1 and 2, Stage 3 of the Statutory Complaint Procedure is not anotherinvestigation, therefore it is not possible to consider a complaint that has not yetbeen fully considered at Stage 2. It is a review conducted by three newindependent people, also employed by Coram Voice, who have not been previouslyinvolved with the complaint. The Panel should be appointed within 10 workingdays of the request being received, and held within 30 working days.

The Review Panel will decide if the complaint has been properly investigated andwhether there should have been any different or additional findings andrecommendations. The Panel Chair will produce the 'Panel findings' within 5working days of the Review meeting, following which a different Senior Managerwill write to you within 15 working days. This is the final Stage of the StatutoryComplaint Process.

No party should feel the need to be represented by lawyers at the Review Panel.The purpose of the Panel is to consider the complaint and wherever possible, worktowards a resolution. It is not a quasi-judicial process and the presence of lawyerscan work against the spirit of openness and problem-solving.

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Next Steps - All Complaints - The LocalGovernment Ombudsman (LGO)The LGO can be approached by complainants at any point during the complaintprocess but you will usually be re-directed to the Local Authority to complete all 3Stages of its complaint procedure first.

The LGO will consider if there has been any maladministration and it makesrecommendations to the Local Authority where it feels this has been the case.

INFORMATION GOVERNANCE TEAMOCT1224Cambridgeshire County CouncilShire HallCambridgeCB3 0APTelephone: 01223 699 137

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THE LOCAL GOVERNMENT OMBUDSMANPO Box 4771CoventryCV4 0EHTelephone: 03000 610 614 (Calls to 03 numbers cost no more than calls to nationalgeographic numbers starting 01 or 02).Text: ‘call back’ to 07624 811 595Fax: 02476 820 001Website: www.lgo.org.uk

INFORMATION COMMISSIONER'S OFFICEWycliffe HouseWater LaneWilmslowCheshireSK9 5AFTelephone: 0303 123 1113Website: ico.org.uk/

Useful Contact Details

DEPARTMENT OF HEALTH AND SOCIAL CARE39 Victoria StreetLondonSW1H 0EUUnited KingdomTelephone: 0207 210 4850Website: www.gov.uk/government/organisations/department-of-health-and-social-care

SOCIAL WORK ENGLAND1 North Bank Blonk Street Sheffield S3 8JYTelephone: 08081962274Website: www.socialworkengland.org.uk/

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DEPARTMENT OF EDUCATIONPiccadilly GateStore StreetManchesterM1 2WDUnited KingdomTelephone: 0370 000 2288Website: www.gov.uk/government/organisations/department-for-education

THE NATIONAL YOUTH ADVOCACY SERVICE (NYAS)Lilac OfficeSaxongate CentreBradbury PlaceHuntingdonPE29 3RRTelephone: 0808 808 1001 (This is a Freephone number from landlines. Calls from mobiles may be chargeable).Text: 0743 596 7405Email: help@nyas.netWebsite: www.nyas.net