Complaints
Scope of this chapter
This Complaints procedure is made known to children placed by the Fostering Agency (subject to their age and understanding), the parents of those children, and foster carers working for the Fostering Agency, and a copy of this Complaints procedure will be supplied to any of those persons upon request.
Regulations and Standards
The Fostering Services (England) Regulations 2011
Regulation 18 - Independent fostering agencies – representations and complaints
Fostering Services: National Minimum Standards
STANDARD 1 - The child's wishes and feelings and the views of those significant to them
The Agency makes sure that:
- Children know how to complain;
- Children are enabled to make a complaint or representation and are offered suitable advice and assistance in making complaints;
- Children will not be subject to any reprisal for making a complaint or representation;
- Complaints are treated seriously and responded to clearly;
- Children understand what has happened as a result of their complaint;
- Action is taken to address all issues of concern, including any concerns or complaints from children and local residents;
- Proper investigations are carried out as a result of all complaints;
- Urgent action is taken to ensure that practice and/or services improve accordingly;
- A written record is made of any complaint or representation, the action taken in response to it, and the outcome of the investigation;
- Placing and host authorities are engaged as necessary during the complaints process;
- No person who is the subject of a complaint takes part in its consideration other than, if the registered person considers it appropriate, at the informal resolution stage only. If the complaint is in relation to the registered person, the registered person will take no part in the consideration of the complaint. A suitably qualified and experienced person who is totally independent of the Agency, will be appointed as Complaints Officer to deal with the complaint.
The registered person will, on request, supply the Chief Inspector (Ofsted) with a statement containing a summary of any complaints made during the preceding 12 months and the action taken in response.
A child, a parent or carer of a child, a foster carer or anyone else for whom the Agency has agreed to provide a service can make a complaint under this procedure.
Individuals are also able to make complaints on behalf of others if it is considered they have "sufficient interest" to do so.
Children will be encouraged to take up issues in the most appropriate way and they will be supported to do this. If it is possible to identify a way forward with a complaint which is informal and therefore easily resolved, this should be the best way forward.
It is the responsibility of foster carers and Agency staff to help children to deal with their complaints sympathetically and actively, whether the complaint is about the Agency or the placing authority.
Anyone making a complaint is also able to withdraw their complaint at any stage.
- A problem;
- The quality of service;
- The delivery or non-delivery of a service;
- The way in which the Agency carries out its policies and practices.
All serious complaints about any foster carer approved by the Agency will be notified to the Regulatory Authority. See Notifications of Significant Events Procedure.
If a child or carer is unhappy about a change in their Care Plan or their Placement Plan this should be brought to the attention of their allocated social worker who may be able to resolve the matter. If this isn't the case the child's independent reviewing officer may be contacted. It is the role of the independent reviewing officer to make sure that looked after children are aware of the local authority's Complaints Procedure, which must comply with the Children Act 1989 and associated regulations, and to assist the child to access independent support and advice to enable them to use this procedure if they wish to do so.
Sometimes children and adults need help and support to make a complaint.
The child may have support from their parent, social worker, independent advocate or foster carer. As indicated above, a child who wishes to make a complaint about any aspects of their care should receive assistance to access independent advice and support from their independent reviewing officer.
Foster carers may enlist the help of a supporter or advocate or their supervising social worker, as appropriate, to make a complaint about the Agency under this procedure or where appropriate, about the placing authority under the relevant local authority's Complaints Procedure.
The Agency is committed to resolving conflicts and concerns at an early stage - Stage One - Local Resolution - wherever possible, but in the interests of transparency and a commitment to individual interests/rights, individuals are able to complain at Stage Two - Investigation in the first instance if they so wish. The Agency will ensure that complainants are kept up to date regarding the progress of their complaint. In the event that any complainant is not satisfied at any stage, they may and should avail themselves of the right to make a complaint to the Regulatory Authority.
The expectation is that the majority of complaints should be considered and responded to at Stage One.
Stage One is an informal process which consists of a meeting between the complainant and the supervising social worker unless the complaint is about them or a person related to them, in which case they should proceed straight to Stage Two. This meeting will be scheduled once a complaint has been received in writing or recorded by means of other communication.
Part of this discussion may cover whether it would be more appropriate for the complaint to be directed to the local authority with responsibility for the child's placement under the local authority's Complaints Procedure.
A letter of resolution or outcome will be issued in response to informal complaints by the Fostering Manager, including details of how the matter was investigated, by whom and with the relevant facts to support the outcome.
This stage will be activated if the complainant is not completely satisfied with the outcome of Stage One, or if at the outset they require that the matter be dealt with by someone other than an employee of the Agency. The complainant will be advised that they must put their complaint in writing to the Registered Manager, who will then contact the complainant within 7 working days to advise that they have instructed an Independent Complaints Investigating Officer in relation to the complaint and will advise them of their name and the expected time frame for the investigation.
A report will be completed following the investigation, detailing how the matter was investigated, by whom and what outcome was reached with relevant evidence to support the report's conclusions.
This is the final stage of the complaints process. If the complainant is dissatisfied with the outcome of the Stage Two investigation, they must confirm this in writing, including reasons for their dissatisfaction, to a Director who will undertake to arrange for the case to be reviewed by an Independent Panel within 30 days.
The panel will be made up of:
- A fostering panel member;
- The Responsible Individual;
- A manager or staff member of the service;
- An independent individual of such background and experience as required;
- A chairperson if none of the above can fulfil that role.
In any event no person implicated in a complaint, or a relative or close association of theirs, may sit on the panel or be involved in any investigation, and the panel will be constituted in such a way to afford true independent appraisal of the complaint.
The panel will consider the documentation available in relation to the complaint and any further written representations that the complainant wishes to make in relation to the investigation. The panel will reach a decision within 24 hours of meeting and the complainant will be advised of the outcome in report form to include any actions in order to resolve the situation within 7 days.
Complaints may be made to Ofsted as the Regulatory Authority. Their contact details are:
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.
Last Updated: January 3, 2023
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