Statutory complaints (set out in law)
Some services must follow a statutory complaints process.
This means the process is required by law and gives families extra rights and protections.
When is the Statutory Complaints Process used?
- Children in need or in care
- Fostering
- Adoption support
- Special guardianship arrangements.
What can parents expect?
- A formal process with clear stages
- Legal timescales the council must follow
- The right to ask for your complaint to move to the next stage
- Independent people involved at later stages
- A focus on whether the council has met its legal duties to your child
How the statutory process works
Stage 1 – our response to your complaint
We will respond to your complaint and try to resolve the issue.
Stage 2 – Formal investigation
If the complaint isn't resolved locally, it can be investigated further by an investigating officer from the local authority and an independent person. This investigation should take no longer than 25 working days, although again this can be extended.
The investigating officer will produce a written report, including each point of complaint and whether it is upheld or not upheld, along with recommendations about actions that should be taken to address any upheld complaints.
The independent person should write a report for the local authority stating whether they think the investigation was carried out fairly, and if the investigating officer's report gives an accurate picture of the investigation.
A senior manager from the local authority will "adjudicate" the investigation and decide how the local authority will respond to each point of complaint, as well as outlining any action to be taken and when it should be completed by.
Stage 3 – Review panel
If you are not satisfied with the outcome of the investigation into your complaint, you can ask for a review of the complaint. The complaint will then be reviewed by an independent panel. The panel will listen to everyone involved in the complaint and, where possible, work towards a resolution.
You have the right to attend the review panel and to talk about your complaint and the outcomes you would like to see. You also have the right to be accompanied by another person, who can speak on your behalf if you want.
When the review panel has made its decision, it must send you a written report summarising its recommendations. The local authority must send you its response to the panel's report, setting out what action it will take in response to the panel's recommendations.
With the statutory complaints process you have the right to request progression through the stages.
There are strict timescales for responses at each stage.
- You should get a stage 1 response within 10 days of complaining.
- If you ask for your complaint to go to stage 2, the investigation should take no more than 25 days for a simple complaint and no more than 65 days if the complaint is more complex. If a complaint unavoidably goes over these deadlines, the council should tell you.
- A stage 3 review panel should meet within 30 days of you requesting it. Afterwards, the Panel must provide you with its report within five working days. The council then has 15 working days to respond to the panel’s recommendations.
