Complaints & Compliments Policy & Procedures

Summary	INDEPENDENCE-DEVELOPMENT LTD recognises that there will be times when the service provided does not meet the expectations of the children and young people or their representatives. Therefore, there must be a robust and consistent process for receiving and handling complaints appropriately and for ensuring that the information gained is used as an opportunity for organisational learning and continuous improvement of services.
Scope	This policy provides a robust framework for all staff employed, either directly or indirectly (including non-executive directors, volunteers, governors) in the investigation of concerns and complaints. The following people may be affected by this policy: All staff. Whether temporary or permanent, Local Authorities, Commissioners. Families, NHS, children and young people.
Document Type	Policy & Procedure
Verified By	Dr Michael Olyedemi
Issued Date	06-10-2023
Review Date	06-10-2024

Policy Statement

The registered person must establish a procedure for considering complaints made by or on behalf of young people. The procedure must ensure that no person who is the subject of a complaint takes any part in its consideration or investigation, except at the informal resolution stage if the registered person considers it appropriate.
The registered person must ensure that a record is made of any complaint, the action taken in response, and the outcome of any investigation. The registered person must ensure that no child is subject to any reprisal for making a complaint or representation.
At the request of Ofsted inspectors, the registered person must supply a statement containing a summary of any complaints made during the preceding 12 months and the action that was taken in response to each complaint.
The registered person does not need to deal with a complaint that is being dealt with under the procedure provided for in the Children Act 1989 and the Children Act 1989 Representations Procedure (England) Regulations 2006 but the registered person does need to ensure that a child is not subject to reprisals for making a complaint or representations under the Children Act 1989 procedure.

EQUALITY AND HUMAN RIGHTS

INDEPENDENCE-DEVELOPMENT LTD recognises that some sections of our society experience prejudice and discrimination. The Equality Act 2010 specifically recognises the protected characteristics of age, disability, gender, race, religion or belief, sexual orientation, and transgender.

The Equality Act also requires regard to socio-economic factors including pregnancy /maternity and marriage/civil partnership. INDEPENDENCE-DEVELOPMENT LTD is committed to equality of opportunity and anti-discriminatory practice both in the provision of services and in our role as an employer. INDEPENDENCE-DEVELOPMENT LTD believes that all people have the right to be treated with dignity and respect and is committed to the elimination of unfair and unlawful discriminatory practices. INDEPENDENCE-DEVELOPMENT LTD also is aware of its legal duties under the Human Rights Act 1998. Section 6 of the Human Rights Act requires organisations to uphold and promote Human Rights in everything they do. It is unlawful for an organisation to perform any act which contravenes the Human Rights Act. INDEPENDENCE-DEVELOPMENT LTD is committed to carrying out its functions and service delivery in line with the Human Rights based approach and the FREDA principles of Fairness, Respect, Equality Dignity, and Autonomy.

References to Legislation and Quality Standards
Children’s Homes (England) Regulations 2015	Regulation 31, Regulation 4
Quality Standard	The leadership and management standard

Legal Considerations

Children Act 1989
Children Act 1989 Representations Procedure (England) Regulations 2006

Regulation Context and Principles (The leadership and management-main one)

(1)—(1) The leadership and management standard is that the registered person enables, inspires and leads a culture in relation to the supported accommodation undertaking that puts children first and prioritises their wellbeing and development.
(2) In particular, the standard in paragraph (1) requires the registered person to—
(a) lead and manage the supported accommodation undertaking in a way that is consistent with the approach and ethos, and delivers the outcomes, set out in the undertaking’s statement of purpose;
(b) ensure that staff work effectively as a team, where appropriate, to meet the needs of children;
(c) ensure that staff have the experience, qualifications and skills appropriate for the work that they are to perform;
(d) ensure that the supported accommodation undertaking has sufficient staff to support and accommodate children safely and effectively;
(e) implement recruitment practices that ensure staff are suitable to work with children and to keep them safe from harm(1);
(f) ensure that arrangements are in place to manage referrals of children to the supported accommodation undertaking and admissions of children to premises used as supported accommodation, including, where relevant, emergency
referrals and admissions;
(g) ensure that arrangements are in place for the supervision, training and development of staff;
(h) ensure that each child is fully aware of their entitlements throughout the duration of their placement in supported accommodation, including—
(i) what they can expect from the provision of supported accommodation,
(ii) their entitlement to education,
(iii) where relevant, their entitlements as a looked after child(1),
(iv) where relevant, their entitlements as a care leaver(1), and where necessary, support each child to access those entitlements;
(i) ensure that staff have the skills necessary to support children to identify, access and receive their entitlements in a way that helps them to learn to identify, access and receive their entitlements independently in the future;
(j) ensure that a workforce plan (see regulation 10) for the supported accommodation undertaking is in place;
(k) ensure that a business continuity plan is in place, covering all areas, including staffing, premises, emergency scenarios and closure of the supported accommodation undertaking.

Policy

Young people resident at INDEPENDENCE-DEVELOPMENT LTD are encouraged to raise any concerns they may have as a way of ensuring that any dissatisfaction is brought to the attention of the ‘Service Manager as quickly as possible.

All concerns, complaints or suggestions will be taken seriously, fully investigated, handled quickly, sympathetically, and confidentially, and, where necessary, will result in improvements.

INDEPENDENCE-DEVELOPMENT LTD’s aim is to deal with any complaints efficiently and fairly, and, wherever possible, to achieve a resolution which is satisfactory to both the complainant and the Supported Acommodation service.

This policy will be provided, upon request to:

any young person at the Supported Accommodation;
his/her parents;
the placing authority;
anyone working at the Placement / Supported Accommodation.

If the young person is blind, or has impaired vision, or has some other disability or impairment, then the Supported Accommodation Service will, so far as it is practicable to do so, supply, in addition to a copy of this document, a copy of the complaints procedure in a form that is suitable to that person.

Procedure

Suggestions

INDEPENDENCE-DEVELOPMENT LTD recognises that complaints are often difficult to make, and that “bureaucratic” processes are unlikely to be welcomed by young people, however good their purpose. The Supported Accommodation Service therefore encourages suggestions on any matter connected with an individual’s support plan, their treatment within the accommodation, the operation of the accommodation service, meal arrangements etc. as a means of dealing with any dissatisfactions before they turn, eventually, into complaints. Although suggestions can be made orally, a “Suggestion Form” has been designed for this purpose and its use is encouraged.

Oral Complaints

An oral complaint will be dealt with as quickly as possible and always sympathetically. All employees of the Supported Accommodation are, potentially, recipients of oral complaints, and upon receipt, an employee will:

Attempt to deal with the matter, informally, and to the overall satisfaction of the complainant, and will subsequently –

Prepare a comprehensive written record of the complaint using the form designed for this purpose, and –
Submit the form to the Registered Manager of the service, who will maintain an accurate record of complaints, and, where necessary, will seek assurance from the complainant that the matter has been dealt with satisfactorily. Where significant wishes or concerns are not acted upon, then every effort will be made to ensure that the complainant understands why. If the complainant is still not satisfied at this point, then the matter will be dealt with as if it was a written complaint.

However, should the employee not be capable of dealing immediately (or within a few days) with the initial complaint (for whatever reason, but usually because the matter refers to operational policy, which the employee is incapable of changing, or is a matter outside of their normal responsibility, or the matter is clearly serious in its nature), then the employee will inform the complainant that the matter will have to be referred.

In such situations the complainant will be advised that their complaint will be acknowledged, formally, in writing, within three working days. At this point the matter will be dealt with as if it were a written complaint.

Written Complaints

All written complaints (together with unresolved oral complaints) should be addressed (or forwarded) to the Service Manager of the service.

Any written complaint addressed to someone else within the service should be referred to the Manager of the Supported Accommodation for action and resolution.

Any complaint about the Service Manager of the Supported Accommodation should be addressed to:

The Nominated Individual:

Governing principles for dealing with written complaints:

1. All written complaints will be recorded in a register maintained for this purpose;

2. All written complaints will be acknowledged within 3 working days of receipt;

3. All written complaints will be investigated, and a written response given within 10 working days. The written response will address the issues raised in the complaint, and provide information about what action (if any) has been taken, or is to be taken, by way of resolution;

4. All records relating to the complaint, including copies of all correspondence etc will be filed in the complaints file maintained by the Manager of the Supported Accommodation;

5. No person who is the subject of a formal complaint may take any responsibility for consideration of a response to that complaint;

6. No person will suffer any form of harassment or reprisal for making a complaint;

7. Any complaint which concerns child protection issues will be referred immediately to the Manager of the Supported Accommodatuion who is responsible for entering into the local Child Protection Procedures.

Where it is considered, at the outset, that the “10-day response” target is unlikely to be met, then a more realistic assessment will be made, and the complainant informed. If a target date is missed, then the complainant will be informed of the reason(s) why, given a new target date, and kept regularly informed at all times of progress. It is hoped that all complaints may be dealt with satisfactorily within the governing principles described above. However if the complainant, or her/his representative is not satisfied then they should be advised to refer the complaint, together with an explanation of why dissatisfaction remains, in writing, to:

The timescales for response are as before:

A further letter of acknowledgement will be sent within 3 days, and
A further written response will be provided within 10 days

If the “10-day target” is likely to be missed, then the complainant will be kept informed as at the initial stage of review and investigation. It is hoped that following further review and response, that the complainant is satisfied with the way the matter has been handled, and the response which has been given. Therefore the matter comes to a close. However if the complainant remains dissatisfied, then they should be referred to:

Advocacy Services

There may on occasion be a need for a complainant to use the services of an advocate in presenting/preparing their case. In such cases the advocate should be sufficiently skilled in, e.g. signing or in speaking the complainant’s preferred language, and advice may be sought from the Service Manager (if appropriate) in securing such services. In exceptional circumstances, (such as if the complaint is about the Manager of the Supported Accommodation, for example) the complainant should seek the support and assistance of their Social Worker.

Legal Intervention

This complaints procedure is designed to try to ensure, as far as is possible, that all complaints about the service provided by the Supported Accommodation are dealt with internally, and, hopefully, to the satisfaction of the Young Person and/or their representative. However if it is immediately apparent that the matter is to be referred, by the complainant, to a Solicitor, then the relative informality of the review process is immediately compromised. If such a situation arises, either at the outset, or during the complaints procedure, then the complainant will be informed that the complaints procedure is no longer in operation, and that the matter is to be immediately referred to Solicitors and/or Insurers who represent the interests of the Supported Accommodation service.

Disciplinary Action

The Supported Accommodation has a number of employment policies in place, which are designed to deal with allegations of abuse, discrimination, etc. If, during any investigation into a complaint made by a Young Person it becomes apparent that some form of disciplinary action is to be taken, against an employee of the Supported Accommodation service, then it will be taken in accordance with the most appropriate and relevant policy. The complainant will be informed of such action.

Complaints from Outside

Where complaints are made from outside then they must be referred immediately to the Service Manager of the Supported Accommodation, who will contact the complainant and confirm the nature/seriousness of the complaint. Where necessary an investigation will be undertaken by the Manager of the service or his/her nominee.

Alternative Avenues of Complaint

Complaints may be made to:

The Supported Accommodation service, using this policy/procedure;

Ofsted;

The Local Authority.

The name/address of the person responsible at Ofsted for receiving complaints is:

The address of the person responsible at the Local Authority for receiving complaints is:

Contacting External Organisations:

Complainants have the right to refer their complaint to the Local Government Ombudsman (LGO) if they are unhappy with the outcome of the investigation. Once a complaint has been fully dealt with by INDEPENDENCE-DEVELOPMENT LTD and the Complainant remains unsatisfied with the outcome, they can complain to the Local Government Ombudsman (LGO).

The LGO provides a free, independent service. Complainants can contact the LGO Advice Team for information and advice, or to register one’s complaint:

Telephone: 0300 061 0614

Email: advice@lgo.org.uk

Website: www.lgo.org.uk

The LGO will not usually investigate a complaint until the provider has had an opportunity to respond and resolve matters

If the young person, their social worker, parent or other significant person is not satisfied with the outcome of a complaint made, they may, at any time or process of the complaint, take this to HMCI. All complainants are free to contact HMCI at any stage of the complaints process, however we would like to have the opportunity to look into it thoroughly and resolve complaints as we take all complaints very seriously. A member of staff or the Independent Visitor will be able to assist the young person in contacting HMCI either in writing to:

Ofsted, Piccadilly Gate, Store Street,

Manchester

M1 2WD

or by telephone: 0300 123 1231

National Youth Advocacy Services (NYAS)

Tower House
1 Tower Road
Birkenhead
Wirral
Merseyside
CH41 1FF

Call :0808 808 1001

email: help@nyas.net

TRAINING

All staff are required to read and follow this policy and related policies as part of their induction and ongoing practices.

GETTING HELP

If you require any help with any matters relating to this policy and procedure, please speak to your line Manager or Senior Manager.

It is the responsibility of every member of staff to ensure that they are working within this policy and keep up to date with changes in policy that may affect their practice at work.