Chapter 16: Complaints arising from Child Protection Conferences

 The following people are the only ones who can make a complaint:

• The child who is the subject of the Child Protection Conference, where s/he is of a sufficient age and understanding;
• A person who is acting on behalf of and at the written request of the child, where the child is of a sufficient age or understanding. A child should be enabled to engage the assistance of an independent advocate or a supporter of their choice;
• Any parent and/or any person with Parental Responsibility for the child who is the subject of the Child Protection Conference.

Working Together 2010 states: "Parents/caregivers - and, on occasion, children - may have concerns about which they may wish to make representations or complain, in respect of one or more of the following aspects of the functioning of child protection conferences:

• The process of the conference;
• The outcome, in terms of the fact of and/or the category of primary concern at the time the child became the subject of a child protection plan;
• A decision for the child to become, or not to become, the subject of a child protection plan or not to cease the child being the subject of a child protection plan".

The person making the complaint will receive one of these outcomes:

• The complaint is referred to the relevant agency procedure;
• The present Child Protection Conference with the same Conference Chair will review the case earlier than planned;
• The Child Protection Conference will be convened with a different Conference Chair;
• There is no action to be taken.

Where the complaint concerns the personal conduct of the Conference Chair, the Team Manager for the Conference and Review Service /Safeguarding & Quality Assurance Team will contact Customer Relations/Complaints & Representation Manager to agree whether the Children Act's process or other process is appropriate.  Where this complaints process is deemed appropriate the Team Manager for the Conference and Review Service/ Safeguarding & Quality Assurance Team will:

• Acknowledge the complaint in writing within 3 working days of its receipt;
• Gather further information and if required meet with the complainant.

The Team Manager for the Conference and Review Service/ Safeguarding & Quality Assurance Team will agree the next steps with the person who has made the complaint and:

• Ensure that the person making the complaint sufficiently understands the child protection process;
• Clarify the nature of the complaint/s and any additional support needed;
• Establish the outcome desired by the person who has made the complaint;
• Ensure the person who has made the complaint understands the scope and relevance of this complaints process with regard to their circumstances;
• Gather relevant information.

In order to establish that the grounds on which the complaint could proceed have been identified or clarified, the Team Manager for the Conference and Review Service/Safeguarding & Quality Assurance Team will agree with the person who made the complaint any actions to be taken which may include:

• A meeting or discussion of which the outcome is confirmed in writing;
• Clarification of procedures;
• A full response to the complaint;
• From receipt of the complaint/s, Stage 1 should normally take no longer than 20 working days to complete. The outcome of the Stage 1 should be provided to the Head of Quality Assurance.

The Team Manager for the Conference and Review Service/Safeguarding & Quality Assurance Team must provide the Panel with the following documentation:

• A formal request to convene;
• The complaint;
• A copy of the relevant Child Protection Conference minutes and the reports that were made available to the Conference;
• The outcome of Stage 1.

The matters about which the Panel can consider complaints are:

• The decision for the child to become, to continue or not to become the subject of a Child Protection Plan;
• The category(ies) of abuse, determined by the Conference Chair, under which the child is subject to a Child Protection Plan;
• The process of the Child Protection Conference;
• Whether the Child Protection Procedures about Child Protection Conferences and other inter-agency protocols were followed.

The Panel should be convened within 28 days of the receipt of the complaint and consider whether:

• Relevant inter-agency protocols and procedures have been observed correctly;
• The decisions made follow reasonably from proper observation of the relevant inter-agency protocols and procedures.

The Panel will:

• Invite the person making the complaint to make representation, either in writing or in person about the existing complaint;
• Consider any written or verbal submissions made by the person making the complaint, the Chair of the relevant Child Protection Conference and any other relevant person;
• Consider all the written material provided;
• Reach a decision in relation to the specific complaint(s);
• Agree the content of their decision letter to the person making the complaint.

The Complaints Panel must reach a majority decision on the basis of whether the Child Protection Conference Procedures were followed correctly and therefore whether:

• The complaint is upheld;
• The complaint is partially upheld;
• Inconclusive with no further action;
• The complaint is not upheld;
• There is insufficient information to make a decision and a date for a further Panel meeting needs to be established.

The Complaints Panel may:

• Recommend that the Child Protection Conference be reconvened earlier and/or with a different Chair to reconsider any recommendation regarding the decision that the child should be or continue to be subject to a Child Protection Plan and the category of Significant Harm on which any such decision is based;
• Identify any learning points for a specific agency.