Children and families service complaints and representations procedure

We aim to make it easy for you to share your concerns and ensure they're dealt with promptly and fairly. 

Most complaints are received electronically and we'll acknowledge them within 2 working days. In our response, we'll let you know how we plan to proceed or direct you to the right part of the service if someone else is better placed to help. 

What happens next 

The manager of the service you've raised concerns about will contact you within 3 working days to offer mediation and try to resolve the issue informally. We'll follow up with a written response within 5 working days. 

We always aim to resolve issues quickly and informally where possible. If that's not achievable, the Complaints Manager will decide whether your concerns need to be investigated further through the formal complaints procedure. (see Appendix A, a flowchart of Gateshead Children Social Care complaint investigation process and Appendix B, a flowchart of Children's Act 1989 customer feedback). 

Our complaints process

We aim to resolve complaints quickly, fairly, and proportionately. If your concern cannot be resolved informally, you can request a formal investigation. We recommend doing this within 10 working days of receiving your initial response.

In most cases, complaints begin at Stage 1. We'll guide you through each stage and keep you informed throughout the process. Where appropriate, and with your agreement, we may offer conciliation, mediation, or other support services to help resolve the issue. 

There are three stages in our complaints procedure: 

Stage 1 - local resolution 

Your complaint is reviewed by the relevant service manager, who will aim to resolve the issue directly with you. 

Stage 2 - formal investigation 

If you're not satisfied with the Stage 1 response, a more detailed investigation will be carried out by an Investigating Officer, supported by an Independent Person. 

Stage 3 - review panel 

If you're still unhappy with the outcome at Stage 2, you can request a Review Panel to consider the complaint further. 

How we handle your complaint:

Stage 1 - local resolution

When you make a complaint, it will be reviewed by a member of our Complaints Team along with the manager responsible for the service involved. In some cases, an Independent Reviewing Officer may also be involved. 

The manager will gather and review relevant information, which may include speaking with staff and reviewing case records. As part of this process, we may ask if you'd be open to meeting with staff to help resolve the issue informally and as quickly as possible. 

We aim to resolve Stage 1 complaints within 20 working days. However, in some cases, we may need more time, for example, if the complaint involves a complex history, if an advocate needs to be appointed, or if key staff are unavailable due to sickness or leave. If this happens, we'll keep you informed and let you know the revised timescale we're working to. 

Escalation from a stage 1 to a stage 2:

You can request a review of your complaint at Stage 2. However, to do so you must be able to explain the reasons for wanting to proceed to Stage 2. Simply stating dissatisfaction with the response received or exercising your right to escalate to the next stage is not sufficient basis for a Stage 2 investigation. 

Stage 2 - investigation:

A Stage 2 complaint investigating officer (IO) must possess a higher level of seniority, experience, or demonstrable independence than the officer who managed the Stage 1 complaint, who is typically a Team Manager or equivalent.

The purpose of Stage 2 is to ensure a comprehensive, impartial, and objective review of the issues and dissatisfaction raised by the complainant. The investigating officer should ordinarily be independent of the service area or department subject to the complaint and should be a senior officer, senior manager, or, where appropriate, an external investigator.

A Stage 2 investigation looks at your complaint and the response at Stage 1 and what it is that you continue to remain unhappy about. A stage 2 investigation will usually commence when you are

• unhappy with their complaint response or the outcome at stage 1
• dissatisfied with the way the complaint was handled
• did not receive a response within the set timescale provided

At Stage 2, the Complaints Team will arrange for a full and considered investigation of the complaint to take place. A Investigating Officer (IO) will be appointed along with an Independent Person (IP) to work alongside. The IO and IP review files, carry out interviews and ask you for supporting evidence.

The IO will ensure that the details of the complaint and your desired outcomes are recorded in writing and agreed, this is known as a Statement of Complaint. The Statement of Complaint must be agreed between you and the IO within 10 working days, failure to agree your complaint elements and desired outcomes will result in the complaint process being terminated.

Once you have agreed a Statement of Complaint the timescale for the investigation will then begin and the aim will be to provide a report within 25 working days (5 weeks). The investigation process can take up to 65 working days if, for example there are lots of parts to the complaint, if issues are complicated or further work is needed to fully look at the aspects of complaint.

Once the investigation is complete, the Investigation Officer will prepare a report that will include details of their findings, conclusions, outcomes, and recommendations. The Independent Person will also provide a report and may comment on whether the investigation has been conducted effectively and in an impartial manner, whether the IO report is an accurate picture of the investigation and the nature of the recommendations.

A Senior Manager will act as an 'Adjudicating Officer'. The Adjudicating Officer will consider the IO and IP reports and will provide a response, describing their decision on each point of complaint, generally, findings are upheld, not upheld, or partially upheld for each complaint, actions that will be taken forward will also be identified in the report. As part of the adjudication process, the Adjudication Officer may wish to meet with you to Discuss the report.

The Complaints Team will write to you to provide a copy of the reports and the adjudication. This concludes the Stage 2 process, if you're unhappy with the response (only on points that were not upheld or partially upheld) you can request a Stage 3 review panel, within 20 working days of receipt of the reports and adjudication. 

Stage 3 - review panel:

If you're still unhappy with the outcome of your Stage 2 complaint, we can discuss whether it's appropriate to move to Stage 3. You'll need to let us know within 20 working days of receiving your Stage 2 response if you'd like us to consider this.

Stage 3 Review Panels only apply to complaints about Children's Services. The Review Panel does not reinvestigate the complaint or consider new issues that weren't part of Stage 2. Its purpose is to review how the complaint was handled and, wherever possible, help reach a resolution.

If you wish to proceed to Stage 3, please contact the Complaints Manager for further guidance. If accepted, you'll be invited to attend a Review Panel meeting, where three independent people will consider your complaint. The Panel will meet within 30 working days and make recommendations to the Director of Children's Services, who will respond within 15 working days.

About stage 3 review panel

If you're not satisfied with the outcome of your Stage 2 complaint, you can request a Stage 3 Review Panel. The Complaints Manager will assess your request in line with statutory guidance. If accepted, a Panel Chair will be appointed, ideally within 10 working days, along with two independent panel members. 

What the review panel does

The panel will: 

• Listen to everyone involved 
• Review how the Stage 2 investigation was carried out 
• Gather any additional information that may help resolve the complaint 
• Make findings on each point of complaint 
• Recommend practical solutions 
• Suggest service improvements where needed 

Who attends

You will be invited to attend the panel meeting. Others who may attend include: 

• Complaints Manager 
• Administrative support 
• Independent Person (IP) and Investigating Officer (IO) from Stage 2 
• Adjudicating Officer (or another senior manager if needed) 

The panel chair will confirm the final list of attendees. 

How the panel works

The meeting will focus on the agreed complaint points and your desired outcomes. You'll be invited to speak first, followed by presentations from other attendees. Panel members will ask questions to fully understand the issues and make informed recommendations. All attendees may ask questions relevant to the complaint. 

After the panel

The panel members, the Director of Children's Services and Independent Person, will meet privately to discuss their findings and recommendations. A written report will be produced and shared with you.

This report will be sent within 5 working days of the panel meeting. Following receipt of the report, the Director of Children's Services will send a response to you within 15 days. The response will set out how Children's Services will respond to the recommendations and what action will be taken. 

The Local Government and Social Care Ombudsman (LGSCO)

If, at the end of the process you remain dissatisfied, you will be advised of your right to refer the matter to the LGSCO. You can complain to the ombudsman at any time; however, the ombudsman will usually only consider a complaint after it has been through all stages of our procedure first. The Complaints Team will work with Gateshead Council's LGSCO Link Officer to respond to LGSCO enquiries at any point during our complaints processes. 

Early referral to LGO

In some situations, the Complaints Manager may decide that moving to Stage 3 of the complaints process (a review panel) is unlikely to change the outcome of the Stage 2 investigation. If all significant parts of the complaint have been upheld or partially upheld, and the council has agreed to meet the outcomes you were seeking, a Review Panel may not be necessary. 

In these cases, the Complaints Manager will discuss this with you and may suggest referring the matter directly to the Local Government and Social Care Ombudsman (LGSCO) instead of progressing to Stage 3. 

This option is only considered once Stage 2 has been fully completed and where it is clear that further review would not lead to a different result. The decision will always be made in consultation with you and based on what is fair, proportionate, and in line with statutory guidance. 

Withdrawing a complaint

You can withdraw your complaint at any time, either verbally or in writing. Once we receive your request, we will confirm the withdrawal in writing. 

Even if a complaint is withdrawn, the relevant service may still review the issue internally. 

This helps ensure that any concerns raised are properly considered and addressed, where appropriate, through our internal management processes. 

We treat all complaints confidentially and in line with data protection legislation. Any personal information shared as part of the complaint will only be used for that purpose and handled securely. 

Deferring decisions

In some cases, the Complaints Manager may need to pause or defer a decision while a complaint is being considered. This is particularly relevant when the complaint relates to a proposed change to a care plan, placement, or service. Deferring a decision helps ensure that no action is taken that could negatively affect the child or young person before the complaint is properly reviewed. 

Decisions to defer are made on a case-by-case basis, following detailed discussions with the relevant service manager and a careful assessment of any risks involved. 

Under the statutory children's social care complaints procedure, councils are expected to consider whether investigating a complaint could interfere with other ongoing processes, such as court proceedings. If there is a risk of prejudice, the council may choose to pause the complaint investigation.

However, complainants have the right to resubmit their complaint once those proceedings have concluded, and councils must clearly explain their reasons for any decision to defer or suspend an investigation. 

This approach ensures that complaints are handled fairly, transparently, and with the best interests of the child or young person at the centre of decision-making. 

Relationships with other procedures

The Complaints Manager will consider how other procedures could have a bearing on a complaint. These might include: 

• child protection procedures. 
• court proceedings; 
• grievance procedures; and 
• disciplinary procedures 
• Corporate Complaint Procedures 

The manager will separate out complaints appropriate to other procedures and those that may require joint action. In considering a complaint which is subject to a concurrent investigation under one of these procedures, the manager will consider if the complaint may compromise or prejudice the other investigation (in line with statutory guidance).