Stage two: Formal investigation

If the complaint was made verbally at the beginning of the complaints process, children’s services must now make a written record of it. They must ask the complainant (the person making the complaint) to agree or comment on, the written record. They may hold a meeting with the complainant to do this, or just write to them. This record will then form the complaint representations for stage 2 (see Regulation 16 of the Children Act 1989 Representations Procedure Regulations 2006).

For a formal investigation, children’s services must appoint two people to review the complaint. They are an Investigating Officer and an Independent Person.

The table below explains each of those roles. And the activities they must carry out. The role of a third person – the Adjudicating Officer – is also explained (see Getting the best from complaints 2006 at paragraph 3.6 and Appendix 1).

The investigation report should be completed by the investigating officer and a response sent to the complainant within 25 working days.

If children’s services want longer than 25 days to complete their report and response, they must:

• Notify the complainant of any delay and
• Explain the reasons that they need additional time.

The maximum time they can take to complete the investigation is 65 working days from the date that the investigation began (see regulation 17(6) of the Children Act 1989 Representations Procedure Regulations 2006 and Getting the best from complaints 2006 at paragraph 3.7).

When doing a child in need assessment, During the stage two formal investigation, the Adjudicating Officer must consider:

• The complaint
• The investigating officer’s report
• Any report from the independent person
• What the complainant wants to happen.

The adjudicating officer will give an ‘adjudication’. This is:

• Their decision on the complaint
• And the actions they will be taking with timescales for implementation.

The adjudicating officer must make sure any recommendations made are carried out.

See Getting the best from complaints 2006 at paragraph 3.8.

Children’s services must send to the person making the complaint (the ‘complainant’):

• A complete copy of the investigation report
• Any report from the independent person
• The adjudication, and
• Information about how to ask for a panel review (see regulation 17(8) of the Children Act 1989 Representations Procedure Regulations 2006).

If the complainant is not happy with the outcome, they can ask that a panel review the decision. The complainant has 20 days to tell children’s services they want a review. The complainant must say they want a panel review, and give reasons (see regulation 18).

• Stage three: Review panel