Complaints by and On Behalf of Children

The Home makes sure that:

• Action is taken to address all issues of concern, including any concerns or complaints from children;
• 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 understand that they will not be subject to any reprisal for making a complaint or representation;
• Complaints are treated seriously and responded to clearly;
• Complainants understand what has happened as a result of their complaint;
• 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 Home, 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 to each complaint.

Every child living in the Home will be given access to the Home's complaints procedure, and be helped to understand how to make a complaint and how it will be dealt with. The Children's Guide should contain easy to understand information on how to make a complaint. Children should know how to access an independent Advocate who can help them to raise any concerns they may have, including supporting them to make a complaint. See Advocacy, Independent Visitors and Independent Reviewing Officers Procedure. They must also be provided with contact details for the Children’s Commissioner. Important contact details are at the top of this procedure.

Staff should encourage children to share any concerns about their care or other matters as soon as they arise. Children must be able to take up issues or make a complaint with support and without any fear that this will result in any adverse consequences. Children must be aware of this procedure and be reminded of it as necessary.

A complaint could be about issues such as:

• An unwelcome or disputed decision;
• The quality or appropriateness of a service;
• A delay in decision making or the provision of services;
• The attitude or behaviour of staff;
• Delays in dealing with problems or resolving concerns.
  This list is indicative only, and should not be used as a means of restricting matters which can be complained about

The child/young person (or an adult who is complaining on their behalf) should be advised that complaints can also be directed to the Regulatory Authority (Ofsted) the Children's Commissioner or their social worker / Placing Authority.

Complaints under this procedure can be made by or on behalf of a child:

• A child living in the Home (or who used to live in the Home);
• A parent or carer of a child;
• Another person acting on behalf of a child.

Children will be informed about the Complaints Procedures in a variety of ways, appropriate to their age and level of understanding. This will include in the Children's Guide which is given to them before or upon admission to the Home. Such information must include an explanation of the role of an Advocate and provide contact details for Independent Advocates who can help children make complaints or make a complaint on their behalf. The Home’s Manager must take all reasonable steps to ensure that children feel comfortable with the making of complaints, that they are supported to make complaints and are free from reprisals if they choose to do so. Children should be given any reasonable assistance they require or request, including being advised that they may ask someone else to make the complaint on their behalf. If the child's complaint is about their social worker, Independent Reviewing Officer, contact decisions or relates to matters contained in their Care or Placements Plans, these should be directed to their social worker and considered using the Children's Social Care Complaints Policy in the placing authority.

The child's parents and the Placing Authority must be given a copy of the Home's complaints procedure.

Complaints can be made in writing (including text or e-mail) or in person. Normally complaints should be made within 1 year from the grounds to make the complaint arose. However, the time limit can be extended at the manager's discretion if it is still possible to consider the complaint effectively and / or there was a legitimate reason why the complaint was not raised earlier.

When children indicate they wish to make a complaint, the person receiving it should do what they reasonably can to resolve the issue / concern at the lowest possible level.

• In all cases where the member of staff is subject to a complaint or investigation they are not permitted to investigate or consider the complaint, incident, or outcome;
• All Complaints should be made to the relevant Home’s Manager;
• Where the complaint is regarding the homes manager, the complaint must be made to the Responsible Individual;
• If there is any uncertainty about who to contact, please contact Daniel Blackburn as the initial point of contact (daniel.blackburn@hamanncare.co.uk) who will direct the complaint / compliment accordingly;
• Where appropriate, the person managing the complaint may seek advice with LADO services to form a resolution and may also need to notify the regulatory body, Ofsted. If the complaint is in relation to the Home’s Manager, the Responsible Individual will seek to find a resolution to the complaint with the designated Stage 1 timeframes along with responding with formal investigation in line with Stage 3.

We will encourage the young person or person raising the complaint to speak to a member of staff at the Home about the problem and we hope that we will be able to resolve it as this early stage. Should this be raised by a young person who wishes to not directly speak to a member of staff, they are to be encouraged to contact their Social Worker, Family/Guardian, Teacher, Advocate or Ofsted to present their complaint on their behalf.

At this stage, the person who is the subject of the complaint may take part in its consideration. Whatever the outcome, the staff member will record the complaint on a Complaints Form to be held on the young person’s file along with the outcome and request that the young person endorses the recording and writes any comments that are applicable on the reverse of the form. The recording must then be shared with the Manager and a copy placed in the personal file of the young person in order that analysis of complaints and any appropriate changes can be monitored.

Where a complaint is received it will be formally acknowledged within 24 hours by the manager, and the person raising the complaint will be given information on the timescale within which they will receive a response. If the complaint is made by a child or young person, the person receiving the complaint should check whether they have, or need, access to an Independent Advocate.

The Manager will seek to resolve the complaint within 10 working days of receipt, with a maximum of 20 days dependent upon the ability to find a satisfactory resolution for the complainant. If the matter cannot be resolved to the complainant’s satisfaction within 20 working days, they must be advised that they have a right to proceed to Stage Two and given assistance to do so as necessary.

Any complaint raised by a child must be shared with their social worker, who should share the information of the complaint with the child’s Independent Reviewing Officer.

The Manager of the home – Krista Whaling 
Home Address: 17 Brooklands Court, Rochdale OL11 4EJ
Email: krista.whaling@hamanncare.co.uk
Tel: 07304064218

If the complaint relates directly to the Home’s Manager, the complaint should be presented to the Responsible Individual:

The Responsible Individual
Daniel Blackburn
Email: Daniel.blackburn@hamanncare.co.uk
Mobile: 07852214919

Where appropriate, the Responsible individual may seek advice with LADO services to form a resolution. If the complaint is in relation to the Home’s Manager, the Responsible Individual will seek to find a resolution to the complaint with the designated Stage 1 timeframes along with responding with formal investigation in line with Stage 3.

If the complaint relates directly to the Director, the complaint should be presented to the Responsible Individual and/or if the Responsible Individual should make a complaint against the Director; then an independent investigation Service would be consulted and requested to investigate the complaint and follow the timeframes within each stage.

If the complaint is regarding the Responsible Individual, it can be made to the homes manager or Director and they will consult with the Independent service to carry out an investigation.

Independent Service:

Kayn Consultants.

Nusrat Janjua
Email:  nusrat@kaynconsultants.com
Mobile: 07539893138

If the complaint cannot be resolved at Stage 1, the complainant will be encouraged to discuss the issue with their Key Worker or the Manager. This will be formally recorded as a response to the complaint form. If a satisfactory resolution can be found the complainant will be required to endorse the recording and comment if appropriate and the recording placed stored in line with policy.

If the resolution is found to be unsatisfactory, the complaint can be escalated to the Responsible Individual who will seek to find a solution to the complaint in 10 working days.

NOTE: Any complaints made by children or young people must be notified to the child's social worker, who should share this with the child's Independent Reviewing Officer. Matters that must be considered at this stage are:

• Stage 1 Complaints that are not resolved satisfactorily; should be referred to the Home’s Responsible Individual who will endeavour to respond within 14 days, to a maximum of 28;
  The Home’s Responsible Individual
  Daniel Blackburn
  Email: Daniel.blackburn@hamanncare.co.uk
  Mobile: 07852214919.
• Where the child or person making a complaint on their behalf has requested a Stage 2 Investigation.

Stage 2 Complaints must be referred to the Designated Manager who may appoint an independent Investigating Officer (this must be a person who does not have line management responsibility for anyone involved in the complaint).

Before the Investigation begins the Designated Manager (Complaints) should clarify the substance of the complaint. The Designated Manager (Complaints) should attempt to resolve the matter as quickly as possible but within the timescales stated at the start of this section unless agreed in writing by the child. The child should be notified of the outcome of the Investigation, preferably verbally, but always in writing. If the complaint is withheld, the child should be asked what they would like to happen and an apology offered. Details of any remedial action undertaken should be confirmed.

Details of the outcome must be recorded in the Complaints Log, which must be countersigned by the Home manager. Copies of all records and correspondence relating to the complaint should be kept as follows:

• On any relevant child's file;
• In the Complaints File held by the Home manager;
• Copy of outcome must be sent to the Placing Authority.

If the complaint cannot be resolved at Stage 1 or 2 the complaint should be put in writing (with the assistance of the Key Worker or Manager as appropriate) and should be sent to the Home’s Directors, who will investigate the complaint, often engaging an independent investigator from outside of the organisation, who will speak, if necessary, to the complainant and any other staff as deemed necessary.

The Directors will seek to reply, in writing, within 5 working days to acknowledge their receipt of the complaint. The Directors will seek information directly from the complainant and will provide a timeframe for any investigation to take place with a resolution being submitted between 10 working days.

The organisation will keep a full record of the complaint and the outcome of any findings on a Complaints Form. and where the complaint is forming a young person, the investigating officer will ask the young person (where appropriate) to endorse the recording and comment in if appropriate and the recording placed in the case file. If appropriate, the Responsible Individual will take advice from LADO and may also need to notify the regulatory body, Ofsted.

If the young person has a complaint about the Manager, this should be made directly to the Responsible Individual who will make the necessary investigations as at Stage 3.

If the complainant has a complaint about the Responsible Individual, this should be made directly to the Manager who will investigate as appropriate and will take advice from outside agencies as appropriate.

The Designated Manager (Complaints) will ensure that:

1. Senior managers and relevant social workers are notified and briefed as necessary until the matter is resolved;
2. The complainant is clear about the process and timescales;
3. The complainant has access to an Independent Advocate or representative;
4. A Review Panel is established to consider the matter; the Review Panel will consist of 3 people that are independent of the matter being considered, one of the Panel members will be asked to Chair the Panel and report to the Designated Manager (Complaints) on the recommendations that are made;
5. Necessary arrangements are made for the Panel to be convened and conducted in a fair manner;
6. The recommendations of the Panel are properly considered, involving senior managers as necessary, and that any decisions or actions are acted upon promptly;
7. The complainant and their advocate/representative are briefed verbally and in writing of the outcome.

Next Steps

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 during the 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 investigate 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 

Throughout the stages, all investigations conducted will be documented, recorded, and copied, to be placed into the complaints file with the complaint as evidence.

At the positive resolve of complaints, it may be beneficial for the young person and other persons involved, if applicable to partake in a restorative justice meeting or relationship building practice.

Any meetings / discussions held must be signed and dated by all parties involved.

At any time during the complaint investigation complainants have the right to:

• Withdraw the complaint at any stage;
• Refer the complaint to the placing authority;
• Refer the complaint to the police;
• Refer the complaint to an independent body such as Ofsted.

Complaint from a Young Person

At no time will a young person be penalised for making a complaint in good faith, regardless of whether or not that complaint is upheld.

• Where appropriate, young people will always be encouraged to discuss their complaint with parents / guardians / social workers or advocate. Staff in the Home or the Independent Visitor who will assist the young person throughout;
• Following the resolution of a complaint, young people will be offered support, regardless of whether the complaint has been substantiated;
• A written record of complaints will be retained within the Home and will be regularly reviewed to ensure that any patterns are readily identified, and any necessary action taken. These records will be made available to the Regulation 44 Inspectors and HMCI upon request;
• Anyone wishing to make a complaint can find the relevant contact details for the manager and responsible individual on the first page of this document and these are also in the Children’s guide;
• Complaints forms should be made available in a mutual accessible location in the home with envelopes provided to send directly to the manager;
• Young people should be encouraged to raise their issues and concerns at the earliest opportunity and wherever possible to resolve these informally;
• Key working sessions, consultations and young people’s meetings should be used to ascertain young people’s views on a regular basis to ensure an early resolution to issues raised;
• Manager and staff will promote an open environment where children feel confident to speak out straight away if there is something with which they are unhappy.

Complaint Outcomes

• Upheld: there is evidence to support the complaint;
• Partially Upheld: there is evidence to support aspects of the complaint;
• Not Upheld: there is no evidence to support the complaint.

Compliments

• Compliments towards the staff team and the service can be sent to the homes manager directly, alternatively they can also be sent to the Responsible Individual;
• If there is any uncertainty about who to contact, please contact Daniel Blackburn as the initial point of contact (daniel.blackburn@hamanncare.co.uk) who will direct the complaint / compliment accordingly;
• All compliments will be acknowledged and will be held centrally within the home.

See also Complaints Policy.