Complaints & Compliments
Complaints and Representations
1.1 In accordance with The Children (Scotland) Act 1995 Regulations & Guidance and the National Care Standards Foster Care and family placement services Standard 1, Standard 4, Standard 7. SWIIS has developed a written procedure for considering any complaint or representation made by or on behalf of a child/young person using its placement services and by its foster carers.
1.2 SWIIS Foster Care believes that carers, children and young people have a fundamental right to have their views heard and to be taken notice of in the development of the service. These views may be in form of a complaint about the service, constructive ideas for how to improve the service or in the form of a compliment about how a service was delivered.
1.3 All complaints/comments provide vital information to inform the future policy, planning and development of the service as well as identifying the areas of the service which are successful and valued. They help to identify any gaps in service provision and should lead to the development of better services.
Ø All complaints/representations will be taken seriously and dealt with promptly to prevent their escalation.
Ø All complaints will be acknowledged within 7 days of receipt. (see appendix 1 for details)
Ø Wherever possible there will be opportunity to resolve the matter informally.
Ø Complainants will be kept informed of the progress of a complaint investigation at all stages and will receive written notification of its outcome.
Ø No person who is the subject of a complaint will take part in its investigation other than at the informal stage.
Ø All complaints/representations and their outcomes will be centrally recorded.
Ø All complaints will be monitored and notified to the Head of Foster Care Scotland.
Ø The Care Commission will be informed of any complaint where 2nd stage formal investigation is requested
Ø A summary of complaints and the actions taken over the preceding 12 months will be compiled and be available at any time to the Care Commission
Ø The outcome of all complaints and representations will be periodically evaluated to inform service development.
1.4 Complaints by any SWIIS foster carer or service user may be made direct to the Scottish Commission for the Regulation of Care, known as The Care Commission.
The Care Commission has been set up to improve the quality of care services in Scotland and registers and inspects fostering services in Scotland. SWIIS will co-operate fully with any investigation conducted by The Care Commission
The headquarters for The Care Commission is:
The Care Commission
Compass House
11 Riverside Drive
Dundee
DD1 4NY
Tel – 01382 207100
Complaints Tel – 0845 603 0890 (lo-call)
2. Complaints about the Head of Foster Care – Scotland or Senior Management or the Chairman of the Company
2.1 For the purpose of this procedure the director of SWIIS Foster Care Scotland is Mr Gary Cox.
Ø All complaints about the Head of Foster Care – Scotland will be referred to the director of the company.
Ø The director will seek to resolve the matter informally via the first stage of the process (see paragraph 5.1), otherwise it will be referred to the second stage of the process (see paragraph 5.2) Independent Person for investigation and report.
Ø The Senior Management will seek to resolve the matter informally via the first stage of the process (see paragraph 5.1), otherwise it will be referred to the Scottish Commission for the Regulation of Care for investigation and resolution (For details of contact point see paragraph 9)
3. Complaints by or On Behalf of Children and Young Persons
3.1 Any “Looked After Child” may complain re any aspect of their care to their placing authority whose complaints procedure will be available to the child via the social worker. However, if the complaint relates to an aspect of the service provided by SWIIS agreement will be reached with the placing authority re which agency will investigate the complaint.
· Complaints may be made by the child itself, foster carer, parent, social worker, friend, relative or SWIIS staff. The complaint may concern any aspect of the service received from SWIIS or its registered foster carers.
· Children will receive written information on how to make complaints including the availability of independent support and advice.
· When a complaint is made by or on behalf of a child to SWIIS, the placing Authority social worker will be informed. Agreement will then be reached with the placing Authority re which Agency will investigate the complaint.
· Children will be assured that their complaints will be taken seriously, investigated thoroughly and they will receive written notification of the outcome.
· Children will be reassured that by making a complaint they will not be subjected to any form of punishment or reprisal.
4. Complaints by a Foster Carer
Ø Complaints may be made to SWIIS about any aspect of the service received from SWIIS. This could include :
§ Lack of support
§ Concern re a member of staff/management of the service
§ Any form of harassment
§ Racism or discrimination
§ Training
§ Financial issues
Ø The complainant will receive written acknowledgment of the complaint and details of the planned investigation.
Ø All complaints will be investigated within the “process for complaint” set out below.
Ø When the investigation is completed the complainant will receive written notification of the outcome.
Ø No person who makes a complaint will be subject to any form of recrimination or reprisal.
Ø All SWIIS foster carers are members of The Fostering Network who they can approach to seek independent advice and support.
5. Process of Complaints
5.1 First stage – Informal Investigation
Ø A complaint must be registered by contacting either the Head of Foster Care – Scotland or the company director either in writing, by telephone, e-mail or personal contact.
Ø Receipt of the complaint will be acknowledged within seven working days including indication of whether it is planned to endeavour to resolve the complaint via informal investigation or in the case of potentially serious complaints, to move straight to the second stage.
Ø The head of foster care/director will investigate the complaint and interview all relevant people.
Ø This stage of the process should be completed within 28 days of the commencement of the investigation unless it is exceptionally agreed with the complainant this period may be extended. The person investigating will complete a written report to include findings and recommendations for the resolution of the complaint which will be available to the complainant. This report will also be available for information to the fostering panel.
Ø If the complainant is dissatisfied with the outcome they may request within 28 days of the date of the despatch of the report to them, the matter be referred to the second stage. The complainant may at any stage of an informal investigation request the investigation move to the second stage.
5.2 Second Stage – Formal Investigation
Ø A request for a formal investigation should be made in writing either to the Head of Foster Care – Scotland or company director.
Ø The complaint will be acknowledged in writing within seven working days including details of the proposed investigation.
Ø An Independent Person will be appointed to investigate the complaint. This person will be independent of SWIIS Foster Care, will hold a professional social work qualification and have substantial experience in family placement.
Ø The Independent Person will interview all persons involved in the complaint and will have access to all SWIIS Foster Care policies and procedures and with relevant permission access to the foster carer’s and to the child/young person’s, files and records.
Ø The Independent Person will prepare a detailed report of their investigation, including conclusions and recommendations for the resolution of the complaint. This report should be completed within six weeks of the Independent Person’s appointment, unless it is agreed with the complainant that this period may be extended.
Ø The Head of Foster Care – Scotland /Director will consider the Independent Person’s report and write within ten days of its receipt to the complainant setting out their proposals for resolving the complaint.
Ø Details of the investigation/proposed resolution will be available for information to the fostering panel. Details of any second stage investigation will be reported to the Scottish Commission for the Regulation of Care.
This marks the end of the complaints process.
6. Complaints Against Foster Carers
6.1 Investigation
Ø Any complaint/allegation against a foster carer about neglect, abuse or ill treatment of a child will be referred to the placing authority and if different the host local authority for investigation/management under local child protection procedures.
Ø All other complaints will be dealt with by the Head of Foster Care - Scotland using these procedures.
Ø SWIIS provides individual membership of Fostering Network for all its foster carers. Membership entitles any foster carer subject of a complaint to contact Fostering Network Helpline for independent advice and support. They will also continue to receive appropriate support from SWIIS during any investigation. In some circumstances SWIIS will also give consideration to appointing and independent person to support the foster carer.
6.2 Foster Carer Review
Ø When the investigation has been completed SWIIS will determine whether a foster carer review is required. The review will be called and conducted in the usual way. The review report will be referred to the fostering panel for its consideration and recommendation. (See separate fostering panel procedures – Reviews and termination of approval). (Appendix )
6.3 Termination of Approval
Ø In serious cases where children have been deliberated harmed or abused, have received poor or neglectful quality of care, where children have been removed pending investigation or where there are other serious concerns SWIIS may wish to terminate the foster carer approval without a specific foster carer review by referral direct to the fostering panel.
Ø In these cases the fostering panel will receive a report detailing all the circumstances and the investigation. A recommendation re the termination of approval will be set out including the evidence for this.
Ø The foster carer should have the opportunity to read this report, to comment on it and to attend the foster panel meeting in the usual way. They may choose to be accompanied by a friend or advocate. The panel will make its recommendation to the Agency in the usual way. The Agency will notify its decision or proposed decision in the usual way. The usual process of representation will apply (see foster panel procedures – Reviews and termination of approval). (Appendix ?? as above)
Ø In the event of deregistration or serious allegation necessitating a review details will also be provided to the regional Scottish Commission for Regulation of Care.
Ø A record of the allegation and its outcome will be retained on the foster carer’s file and on the central index.
7. Recording
Ø All complaints/allegations regardless of outcome will be recorded:
§ Name/address and status of complainant
§ Nature of the complaint/allegation
§ Person dealing with its investigation
Ø For those complaints resolved informally the record will include details of the investigation, its findings and the response by the complainant.
Ø For those referred to the second stage details will include:
§ Independent Person
§ Investigation report
§ Response by SWIIS
§ Response by complainant
Ø The Scottish foster care team will retain a central record of all complaints/allegations.
8. Monitoring and Evaluation
All complaints, representations and allegations against foster carers will be monitored by the Head of Foster Care. Their outcomes will be annually evaluated as a basis for informing future service provision. Information from these processes will be shared with the fostering panel.
9. Scottish Commission for the Regulation of Care
Any SWIIS foster carer or service user may choose to contact The Care Commission directly re any complaint/allegation concerning the standard of service provided by SWIIS or its foster carer or about the management of that service. SWIIS will co-operate fully with any investigation conducted by The Care Commission.
The details of the Scottish Commission for the Regulation of Care are:
Scottish Commission for the Regulation of Care
(The Care Commission)
HQ
Compass House
11 Riverside Drive
Dundee
DD1 4NY
Tel: 01382 207100 - Complaints 0845 603 0890 (lo-call)
Fax: 01382 207289
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