When can a complaint be made?

A complaint should be made within one year of the action or decision that is the subject of the complaint (see Regulation 9(1) of the Children Act 1989 Representations Procedure Regulations 2006).

A complaint can also still be made even if it is more than a year since the action or decision. However, the complainant will have to explain the reason for the delay. There is a risk that a children’s service could refuse to deal with the complaint if it is not fair or possible to do so, given the time that has passed (Regulation 9(2) of the Children Act 1989 Representations Procedure Regulations 2006).

If a court case about a child is ongoing, it is advisable to seek legal advice before making a complaint. It may be the subject of the complaint is best dealt with as an issue by the court. It may be a complaint could affect legal arguments within the court. Or it may be the complaint is best made shortly after the case has finished. These are considerations on which the solicitor involved in the case can help.

A complaint can still be made during the court case. But children services may decide not to look at the complaint if the same issue will be investigated and decided by the court

(See regulation 8 of the Children Act 1989 Representations Procedure Regulations 2006) and Getting the best from complaints, 2006 at paragraph 2.5.2).