Guidance for Complainants

Children’s Social Care Complaints

On this page, you will find information videos, and frequently asked questions about the Children’s Statutory Complaints Procedure.

If you are a social care professional, please see our information videos for Professionals.

Information About The Children’s Complaints Procedure

RRC Stage 1 Explainer Video

Information About Stage 2 Complaint Investigations

Agreeing Your Complaints at Stage 2

Preparing for Your Stage 3 Review Panel Hearing

FAQs about the Children’s Complaints Procedure

Welcome to RRC’s Frequently Asked Questions (FAQs) for complainants wishing to complain about children’s social care. Here are some commonly asked questions about the complaints procedure.

What procedure do Councils follow when dealing with Children’s Social Care complaints, and what does it say?

The “Guidance in Getting the Best from Complaints 2006” sets out a three-stage process for handling complaints about children’s social care services in England that Councils must follow. Its purpose is to ensure that complaints are dealt with properly, fairly, and transparently, leading to resolution and service improvement. It aims to put the complainant at the centre of the process.

As per the Guidance and Regulations, a complaint can be made by:

  • any child who is being looked after by a local authority, or who is not being looked after by them but is in need;
  • a parent of such a child;
  • any person with parental responsibility for such a child;
  • any local authority foster parent;
  • any other person whom the local authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them.

A representation may also be made by:

  • a care leaver;
  • a special guardian;
  • a child in respect of whom a special guardianship order is in force;
  • any person who has applied for an assessment under section 14F(3) or (4) of the Act;
  • any child who may be adopted, his parents and guardians;
  • any person wishing to adopt a child;
  • any person to whom arrangements for the provision of adoption support services extend;
  • adopted persons, their adoptive parents, birth parents and former guardians.

You can complain about a wide range of issues relating to children’s social care services provided or commissioned by a local authority. This could include, but is not limited to:

  • The standard of service you have received.
  • A delay in providing a service.
  • The way a decision was made.
  • The attitude or behaviour of staff.
  • Failure to follow procedures.
  • Concerns about safeguarding.

The complaints procedure is not a mechanism for appeal. It cannot “review”  decisions and decide whether the right choice was made. Instead investigations into complaints will decide whether local authorities have followed the right steps to make decisions or take action. This means decisions or actions taken correctly cannot be complained about.

Matters relating to Court Proceedings are usually excluded from the complaints procedure. But in some cases, information provided to Court can be complained about if it was inaccurate. 

Generally, you should make your complaint as soon as possible after the event you are complaining about. The Children Act 1989 Representations Procedure (England) Regulations 2006 state that a complaint should ordinarily be made within one year of the matter to which the complaint relates. However, a local authority may agree to investigate a complaint made outside this timeframe if there are good reasons for the delay and it is still possible to investigate effectively.

Stage 1: Local Resolution

Stage 1 is the initial local resolution stage which usually means the manager of the person or service being complained about undertakes the investigation. The aim here is to resolve your complaint quickly and directly with the service or individuals involved. This is often the quickest and most effective way to address your concerns.

You should contact the relevant local authority department or individual directly. Many local authorities have a dedicated complaints team or a complaints officer who can guide you. You can usually find their contact details on the local authority’s website. It is often helpful to put your complaint in writing, clearly outlining:

  • What you are complaining about.
  • When it happened.
  • Who was involved.
  • What outcome you are seeking.

The local authority should acknowledge your complaint within a few working days. They will then aim to investigate your concerns and provide a response within an agreed timeframe (often around 10-20 working days). This response may involve an explanation, an apology, or an offer of a resolution. The response should be in writing. 

If you are a child or young person, the local authority can provide someone like an advocate  if you would like one. An advocate is someone who is independent and can support you having your voice heard.

If you are dissatisfied with the local authority’s response at Stage 1, you have the right to request that your complaint proceeds to Stage 2. The local authority’s Stage 1 response letter should inform you of this right and how to escalate your complaint.

Stage 2: Investigation by an Investigating Officer and an Independent Person

Stage 2 involves a more formal investigation of your complaint. It is carried out by an Investigating Officer (IO) and an Independent Person (IP). The IO is usually a senior officer within the local authority who has not been involved in the matters you are complaining about. Sometimes, local authorities will appoint an external IO. The IP is appointed from outside the local authority to provide an independent view and ensure fairness and transparency. Many local authorities use organisations like RRC to provide Investigating Officers and Independent Persons.

You should notify the local authority, usually the complaints manager, in writing that you wish to escalate your complaint to Stage 2. You should clearly state why you are dissatisfied with the Stage 1 outcome and what specific issues you want to be investigated further.

  • Investigating Officer (IO): The IO will thoroughly investigate your complaint by gathering evidence, interviewing relevant individuals (including you if appropriate), and reviewing records. They will prepare a report outlining their findings and conclusions.
  • Independent Person (IP): The IP’s role is to scrutinise the investigation process, ensuring it is thorough, fair, objective and impartial. They provide an independent oversight and will review the IO’s report and can add their own comments and recommendations. The IP will have a particular focus on the rights of the child and ensure that these are not overlooked.

The local authority will acknowledge your request for a Stage 2 investigation and confirm the appointment of the IO and IP. The investigation process can take longer than Stage 1, typically around 25-65 working days, depending on the complexity of the complaint. You will be kept informed of progress. Once the investigation is complete, you will receive a comprehensive report containing the findings of the IO and the comments of the IP, along with a response sharing the decisions of the local authority, known as the Adjudication. 

The Stage 2 investigation will make recommendations where appropriate including a remedy for any injustice. This will usually follow the Local Government and Social Care Ombudsman’s Guidance on remedies.

If you remain dissatisfied with the findings or recommendations of the Stage 2 reports or adjudication, you have the right to request that your complaint proceeds to Stage 3. The adjudication response you receive should clearly explain how to do this.

Stage 3: Review Panel Review panel Hearing

Stage 3 is the final formal stage within the local authority’s complaints procedure. It involves a review by a three person independent panel. The purpose of this stage is to provide an independent review of the Stage 2 investigation and its outcome. Stage 3 is not a re-investigation.

You should inform the local authority in writing that you wish to have your complaint reviewed by a Stage 3 Panel. The Regulations state that you must provide your reasons for dissatisfaction with the Stage 2 outcome.

A Stage 3 Review Panel consists of three independent people who have not been involved in your complaint previously. One of the panel members will act as the Chair. These individuals do not work for the local authority and bring a range of experience and expertise. Many local authorities use organisations like RRC to provide independent panels. 

The Panel will review all the documentation relating to your complaint, including the original complaint, the Stage 1 response, the Stage 2 report (from the IO and IP), and any further submissions you wish to make. You will usually be invited to attend the Panel meeting, along with representatives from the local authority, to present your case and answer any questions. The Panel will consider whether the Stage 2 investigation was thorough and fair, and whether the conclusions and recommendations were reasonable. You will be able to bring someone to support you if you would like to.

The Panel will issue its response and recommendations to you, the local authority and the Independent Person within 5 working days. Recommendations might include further action the local authority should take to resolve your complaint, changes to policies or procedures, or an apology. Like at Stage 2, the Panel may also make a recommendation on a remedy for any injustice. This will usually follow the Local Government and Social Care Ombudsman’s Guidance on remedies. The local authority is expected to consider the Panel’s recommendations together with the Independent Person involved at Stage 2 and provide you with a final response, outlining their decision and any actions they intend to take within 15 working days. 

This completes the local authority’s three-stage complaints procedure for children’s social care.

After the Local Authority’s Complaints Procedures

If you have exhausted all three stages of the local authority’s internal complaints procedure and remain dissatisfied, you have the right to refer your complaint to the Local Government and Social Care Ombudsman (LGSCO). The LGSCO is an independent body that investigates complaints about local councils and care providers.

The LGSCO is the final stage for complaints about councils and some other organisations providing local public services, including social care. They investigate complaints independently and impartially. While you must go through the local authority’s complaints process first, if you remain dissatisfied after completing all three stages of the local authority’s process, you can then complain to the LGSCO. The LGSCO cannot normally investigate a complaint that is currently going through the local authority’s complaints process.

You can contact the LGSCO directly. Their contact details and an online complaint form can be found on their website: www.lgsgo.org.uk . You will need to provide them with details of your complaint and the outcomes of the local authority’s internal complaints process. The LGSCO will then decide whether to investigate your complaint.

If the LGSCO finds that the local authority has been at fault, they can recommend various remedies, including:

  • An apology
  • Actions to put things right
  • Financial redress (see Guidance on remedies)
  • Changes to procedures to prevent similar issues from happening again

Do you have a complaint about health or social care, education or housing?

If so do you know how to raise your complaint and what you should expect? Please click below for more information on the following complaints:

Council Complaints

Find out more

Housing Complaints

Find out more

Education Complaints

Find out more

Health Complaints

Find out more
Contact Us

For general advice about who to contact for Council (Social Care), Education, Housing or Health complaints please contact us.