The statutory procedure
Every local authority in England must have a procedure for considering representations, including complaints, about its children's social care services. It is set out in section 26 of the Children Act 1989, the Children Act 1989 Representations Procedure (England) Regulations 2006 and the statutory guidance Getting the Best from Complaints. The procedure exists so that children and young people, and those who act for them, are listened to, their concerns are looked at fairly and put right where they need to be, and the authority learns from them.
When a complaint comes in, the local authority has to decide whether to consider it under the Children Act procedure or under its corporate complaints procedure. James has investigated complaints under both.
Advocacy
In October 2026 the Department for Education published updated National Standards for the Provision of Children and Young People's Advocacy Services and new statutory guidance, Effective Advocacy for Looked-After Children, Children in Need and Care Leavers. When a child or young person makes, or intends to make, a complaint, the local authority must give them information about advocacy and offer help to obtain an advocate. The guidance now also lists a complaint under the statutory procedure as one of the points at which an advocate should be offered proactively, and local authorities must follow the guidance unless there are exceptional circumstances. An advocate can support the child or young person at every stage of the procedure, including the review panel.
James has written about what the new standards mean for local authorities in Children and Young People Now.
Stage 1: local resolution
The authority tries to resolve the complaint and sends a written response. Nobody independent is required at this stage, but in some cases an authority commissions someone from outside to investigate.
10 working days, up to 20 where complex
Stage 2: investigation
The investigating officer investigates the complaint, considers the evidence from the records and from interviews with the staff involved, makes findings on each complaint and makes recommendations in an evidence based report to the local authority.
The independent person is someone who is neither a member nor an officer of the local authority, and works alongside the investigating officer on the investigation. The authority must consider the complaint with them, and they must take part in its discussions about the findings and the action it will take. The independent person also writes their own report on the investigation.
The person who made the complaint receives the investigating officer's report, the independent person's report and the local authority's response, which must be sent within 25 working days, or 65 at most.
Stage 3: review panel
A panel of three independent persons, one of whom chairs, considers the adequacy of the stage 2 investigation and the local authority's response. It is not a reinvestigation and does not consider new complaints. The panel may agree with the stage 2 findings or reach different ones, and makes recommendations to the local authority.
The person who made the complaint receives the panel's report, then the local authority's adjudication, which must be sent within 15 working days.
Panel meets within 30 working days, report within 5 working days
Appointments
James considers each appointment case by case. Where he cannot take a case, he can put the authority in touch with independent investigating officers, independent persons and panel members from a growing network of associates.
To discuss an appointment, email james@resolutionready.org.uk with the stage, the broad subject of the complaint and your timescale.