4.1.20 Inter-Agency Protocol for Responding to Complaints about Child Protection Conferences

Working Together to Safeguard Children clarifies that parents/carers or a child (considered by the conference chair to have sufficient understanding), may make a complaint in respect of one or more of the following aspects of the 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
The management of the conference including a decision to exclude one or more persons from the conference

It is acknowledged that parents, carers and children may have concerns about the handling of child protection enquiries and subsequent processes.

Parents, carers and children should be made aware of their right to complain and, where necessary, assisted with the process.

All parties must be made aware that this complaints process cannot itself change a registration decision and that during the course of a complaint’s consideration, the decision made by the conference stands.

The outcome of the complaint will be either that a conference is reconvened under a different chair, that a review conference is brought forward or that it confirms the status quo.

Where the complaints are solely about the behaviour, action, proposed action, or inaction of any individual, these should be referred to the complaints procedure of the individual’s agency.

Process

Where a parent, carer or child attending a conference indicates that they are not happy with the process of the conference or the decision, the chair will advise them of their right to complain and outline the process.

Where a parent, carer or child of sufficient age and understanding is wholly excluded from the conference, the chair must ensure that they are advised in writing of the outcome of the conference and their right to complain.

All parents should receive a letter setting out the decisions and recommendations soon after the conference. This should advise the recipient of their right to complain if they are not happy with the process or do not agree with the decisions.

Procedure

The formal complaints procedure comprises of two stages. The complaint may be dealt with to the satisfaction of the complainant at any stage; but s/he has the right to request that the matter be progressed to the next stage.

While the complaint is being investigated, the decisions of the conference in relation to the child being subject to a Child Protection Plan will stand.

Any appeal against registration will be addressed through procedures outlined at stage two.

Stage One

The complainant may wish to discuss the matter with the chair of the conference. The matter may be resolved informally at this stage, or it may become apparent that the complaint should be directed to the complaints process of a particular agency.

In either case the chair should confirm the discussion in writing, with a copy to the Lead Social Worker and, where appropriate, to other agencies attending the conference.

If the person wishes to continue with a formal complaint, this should normally be in writing, addressed to the Service Manager, Safeguarding Children Service within 15 working days of the conference. The Lead Social Worker should assist the complainant with the process if necessary.

Stage Two

The complaint will be formally acknowledged in writing within 3 working days.

The Service Manager, Safeguarding Children Service will call in:

All agencies reports to the child protection conference,
The conference decisions and recommendations,
The record of the conference when available,
A brief report from the chair of the conference setting out an assessment of the issues surrounding the complaint and/or the decision making and supporting reasons;

And arrange, within 5 working days, a senior professional or manager with child protection experience from Coventry Safeguarding Children Board member agency to carry out the necessary enquiries.

This person will be known as the Investigating Officer. The complainant will be informed of the appointment of the Investigating officer in writing.

The Investigating Officer will:

Examine the documents provided
Discuss the matter with the complainant
Interview the chair of the conference and if necessary other attendees.

This investigation should be completed within 15 working days and the report will be forwarded to the Service Manager, Safeguarding Children Service.

The Service Manager, Safeguarding Children Service will make arrangements for a panel to be convened within 10 working days of receipt of the report.

The Panel

The panel will comprise three members of a list of senior representatives from Coventry Safeguarding Children Board member agencies. The three will establish one of their number as chair. The panel will be serviced and meetings minuted by the Safeguarding Children Service.

The Service Manager, Safeguarding Children Service will ensure that the Panel has copies of relevant papers:

All agencies reports to the Child Protection Conference
The conference decisions and recommendations
The record of the conference
The report of the conference chair
The report of the investigating officer
A record of the Service Manager’s contact with the complainant and the reasons for any decisions.

The Panel will consider whether the relevant inter-agency protocols and procedures have been observed correctly, and whether the decision that is being complained about follows reasonably from these.

The complainant will have an opportunity to present their views to the Panel, explaining why they are dissatisfied and/or why they disagree with the original decision of the conference. The complainant will have the right to be accompanied by a relative or friend.

The Investigating Officer will present the report to the panel and answer questions on it.

The panel will determine whether the original decision was reasonable and decide either

To uphold the original decision, or
To uphold the complaint and refer the matter of the child being subject to a Child Protection Plan to a reconvened child protection conference.

The panel’s referral to a reconvened conference may include recommendations about whether the child should be subject to a Child Protection Plan and under what category.

The chair of the panel will inform the complainant in writing of the decisions and recommendations of the panel within 5 working days.

The reconvened conference should be held within 15 working days (and may replace a planned review conference). The conference will take into account any recommendations of the panel and reconsider whether the criteria for registration are met.

The Service Manager, Safeguarding Children Service will ensure that any issues arising from a complaint are reported to the relevant individual or agency for consideration and action.

The Safeguarding Children Development Officer will report on complaints received to the Coventry Safeguarding Children Board on a 6 monthly basis.

Practice Issues

Where a complaint is outstanding at the point of a review conference, consideration should be given to that conference being held with a different chair from the conference which gave rise to the complaint.

As the first review conference must be held within 3 months of the initial conference, it is unlikely that all stages of the procedure will be completed before the review conference. Where a complaint is outstanding, the review conference should be held with a different chair from the initial conference and consider any available information, including the report of the Investigating Officer, where available.

As this will constitute a review of the decision, the complaints process should be discontinued, except that the complainant will retain the right of access to the Stage 2 panel, who will make a final decision on any matter relating to registration.

As stated at the beginning, this protocol concerns complaints about decisions and recommendations made by the inter-agency child protection conference. Such complaints are often accompanied by concerns about the behaviour of individuals, or the provision (or non-provision) of a service. These should normally be referred to the agency’s own complaints procedure. However the Investigating Officer may, by agreement with that agency, listen to the concerns and make recommendations to the agency for resolution of the complaint.

Reconvened Conference

The chair of a reconvened Child Protection Conference (either an initial or a review) must ensure that all those present have seen or are briefed at the conference about the decisions reached by the panel.

A distinction must be made by the chair between the need to discuss the conclusions of the panel and the task of the child protection conference, which is to consider the child/ren’s current circumstances.

Further challenge

No further internal processes exist in those cases where the panel concludes that all relevant processes were followed and that the decisions which were made were reasonable.

A complainant who nonetheless remains dissatisfied may wish to pursue her/his grievances via Ombudsman or Judicial review.

In what are likely to be very rare cases, where a re-convened conference has been recommended, held and the complainant does not accept the outcome, the same panel may, (at the discretion of the complaints manager in liaison with the child protection manager) be asked to re-convene and review any remaining and clearly specified concerns.

End