GUIDANCE ON COMPLAINTS, FOIs, SARS, MEMBERS ENQUIRES, ETC

All complaints, Freedom of Information requests, Subject Access Request, MP enquiries and member enquiries will be sent to staff within Children’s Social Care via the Lead Business Manager (Jean Butler).

If staff receive any of the above by a different route they should be passed to the Lead Business Manager to log with Customer Focus and issue accordingly.

Outlined below are the processes to be followed by responders in each case.

Stage 1 - Formal Complaints and Councillor Enquiries

  • Complaint will be allocated to you as senior manager.
  • Response is due within 10 working days this can be extended to 20 in certain circumstances with approval from Customer Focus and complainant informed.
  • Template for your response will be provided (ie service letterhead with standard paragraphs). Can you also please include in your response whether the complaint is upheld, not upheld, not proven, etc.
  • Draft response should be approved by OM/Group Head.
  • A copy of the approved response should be sent to Lead Business Manager (Jean Butler) and you should send out the approved response to the complainant.
  • You should also complete and return the “learning” form provided with complaint to the Lead Business Manager.

Stage Two – Independent Investigation

Whilst Stage 1 complaints are responded to by those directly responsible for the service being disputed, at Stage 2 of the procedure, complaints are investigated by someone independent of the council. The Local Authority has discretion over whom to appoint. Additionally, an Independent Person (not employed within the Local Authority) in line with legislation & guidance, must be appointed in each case to oversee the investigation from the perspectives of thoroughness, fairness and objectivity. Again, in accordance with legislation, 25 working days and up to a maximum of 65 working days are allowed for the investigation of the matter by the complaint investigator. The Director for Children’s Services will then respond to the investigation report and recommendations. If an advocate has not been appointed previously the child/young person is again offered advocacy services at this stage.

Stage Three – Independent Review Panel

If the complainant remains dissatisfied after the Stage 2 process, then they can request that matters move to Stage 3. This process requires the Local Authority to convene a Stage 3 Review Panel to hear the complaints within 30 working days of the request. The Review Panel involves three independent people, one of whom is appointed to chair the panel. Also in attendance will be the customer and advocate, the Stage 2 complaint investigator, and independent person, a senior manager from Children’s Specialist Services, the council complaints manager and other officers who support the complaints process. The Review Panel considers the management of the complaint and the responses made at Stages 1 and 2. After listening to the issues related to the complaint the panel then has 5 working days to provide written recommendations to the Director of Children’s Services, copied to the customer. The Director then has 15 working days to respond to the complainant; this concludes the Local Authority’s handling of the complaint.

If the complainant remains dissatisfied following the Stage 3 response they can; within twelve months of the panel hearing, approach the Local Government Ombudsman seeking further enquiries or investigation to be carried out into the complaints by that office. If the Ombudsman determines that the complaint has not been looked into fairly and correctly by the Directorate, or that the service user has suffered an injustice in the services he/she has received then the Ombudsman will reach a finding of maladministration.

MP Enquiries

  • The enquiry will be allocated to you as senior manager.
  • Final response is due back to the MP within 10 working days. Should be returned back within 5/6 days for checks and signatures.
  • Responses should be on the Chief Executive’s letter headed paper (business admin will have this).
  • Draft response should be approved by OM/Group Head.
  • A copy of the approved response should be sent to Lead Business Manager (Jean Butler).
  • This will then be processed by Customer Focus for checks by Information Management Unit and final response to be signed Chief Executive before sending.

Councillor Enquiries

  • Enquiry will be allocated to you as senior manager.
  • Response is due within 10 working days.
  • Responses should be provided on the DCS’ letterheaded paper (business admin will provide these)
  • Draft response should be approved by OM/Group Head.
  • A copy of the approved response should be sent to Lead Business Manager (Jean Butler).

FOI’s (Freedom of Information)

  • FOI will be allocated to you as senior manager.
  • Template for your response along with web form will be provided with request along with the FOI disclosure template which should also be completed at the same time of responding to the FOI following the guidelines provided by IMU at .
  • Draft response and web form should be approved by OM/Group Head along with the disclosure template.
  • Final response to the customer is due within 20 working days. However, the response should be returned within 12/13 days along with the web form in order to enable relevant checks to be carried out. A copy of the approved response along with the completed disclosure template should be sent to Lead Business Manager (Jean Butler).
  • IMU checks and Cllr Hackett approval will be processed by the Customer Focus Team and you will be informed once cleared.
  • You will then need to arrange for the final approved version to be sent out to the requester and the Lead Business Manager (Jean Butler) will arrange for the approved disclosure template to be placed on the internet.

Further detailed information can be found on the intranet under Information Management Unit, Freedom of Information requests (

SARs (Subject Access Requests)

  • Responses are due within 40 calendar days.
  • SARs will be sent to you as a senior manager for redacting by a social worker (admin can assist with this in extreme circumstances).
  • Once a file has been redacted you need to inform the Lead Business Manager that the file is ready for sign off.
  • The Lead Business Manager will allocate sign of to a Band I officer (as per rota).
  • Once signed off the SAR will be returned to you via your Business Admin Supervisor in order for arrangements to be made for viewing.

Further information can be found on the intranet under Information Management Unit, Subject Access Requests(

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