Child contact services - regulation: consultation

Part 4: Complaints procedures

Introduction

4.1. One of the key aims of regulating child contact centre services is to ensure that there is a clear and consistent complaints mechanism that is accessible and child friendly.

4.2. This part of the consultation seeks views on:

• complaints about a child contact centre service
• complaints about the body appointed to oversee child contact centre regulation.

4.3. Child contact centre providers already have their own procedures to deal with complaints.

Complaints about a child contact centre service

4.4. Service users would be encouraged to contact the child contact centre provider should they have any concerns about the service provided. If this does not resolve the issue the service user could then raise a formal complaint with the provider, following the appropriate complaints process. If, following the outcome of the investigation of the complaint, the service user remains dissatisfied they could raise their complaint with the regulator. As indicated above, the Scottish Government's preferred approach is to appoint the Care Inspectorate for the purposes of administering the registration of contact service providers and contact centres

4.5. The Care Inspectorate set out in its report that they have a statutory duty to deal with complaints made to it about the registered services it regulates. Should the Care Inspectorate be appointed as the body to oversee child regulation any complaint about a registered child contact centre service could be made to them directly. However, we understand that the Care Inspectorate would encourage anyone wishing to complain about a registered service to first of all raise any concerns with the service itself.

4.6. If after raising the complaint with the Care Inspectorate, the service user is unhappy with the way in which the Care Inspectorate handled their complaint, they could ask the Scottish Public Services Ombudsman (SPSO)^[33] to look into this. The SPSO have published guidance on what a person can do if they wish to complain about the Care Inspectorate^[34]. This sets out that SPSO would consider the process by which the Care Inspectorate reached their decision on the complaint, rather than considering the specific issue that the person complained about to the Care Inspectorate.

4.7. If a service user wished to complain about the conduct of an individual member of staff or volunteer working at a child contact centre, this would be dealt with under the child contact centre provider's own complaints process.

4.8. The regulatory body would be responsible for regulating service providers and ensuring they deliver services in compliance with the minimum standards. The Scottish Government does not consider that the regulator would investigate the conduct of individuals working at child contact centres, other than to ensure that standards of staff training are met. This is in line with the Care Inspectorate's position currently regarding its regulatory function for registered care services^[35].

4.9. Any complaint regarding the governance of the child contact provider as a charity, or any apparent misconduct in the administration of the charity, should continue to be raised with OSCR. Such complaints would not fall to be dealt with by the body appointed under the 2020 Act regulations.

4.10. Should a person have a concern or complaint about the decision of the court to order contact at the child contact centre this would not be for the provider, or the regulatory body, to consider. If a service user is unhappy with the terms of the court order, or if there has been a change of circumstances, this would be a matter for the court.

4.11. Following the outcome of a complaint to the regulatory body, and where there is evidence of failings under the regulations, the Scottish Government expects the regulatory body could recommend improvements such as, for example, more staff training or improved best practice guidance for staff. The ultimate sanction would be to remove the child contact service from the register.

4.12. Child contact centre providers and the regulatory body would be required to ensure that parents and children are aware of the complaints process, of how to use it, and the potential outcomes. There should also be a child-friendly complaints mechanism for children and young people alongside that which is available for adults.

4.13. The Care Inspectorate set out in their report that they have a team that currently deals with complaints regarding the registered services they regulate, separate to the staff who deal with the registration and inspection of services. The Care Inspectorate acknowledged that if they are appointed to regulate child contact services their complaints staff would need to develop a knowledge and understanding of this sector and would require training to deal with complaints. It is intended that the person appointed to oversee child contact service regulation will have sufficient lead-in time from their appointment to when the regulations come into effect for such training to take place.

Question 15):

Do you agree/disagree with the proposed process for raising complaints against a child contact service?

Agree / Disagree / Don't know

Why did you select your answer?

Question 16):

Do you agree/disagree with the proposed process for raising complaints against individual members of staff and volunteers?

Agree / Disagree / Don't know

Why did you select your answer?

Question 17):

Do you have any suggestions on how guidance on complaints procedures should be made accessible to children using child contact centre services?

Yes / No

If yes, please outline these suggestions

Complaints by a child contact centre provider

4.14. A child contact centre provider may wish to complain about the regulatory body. The Scottish Government envisages that the provider should first raise any concerns with the regulator directly. If this does not resolve the issue the provider could then raise a formal complaint with the regulator, following their complaints process. Should the Care Inspectorate be appointed it has published its complaints process and the policy on complaints handling on its website^[36].

4.15. If, after full investigation by the regulatory body, the child contact centre provider is dissatisfied with the way the complaint was dealt with, they could ask the SPSO to look at this.

4.16. If a child contact centre provider is unhappy with a decision of the regulatory body to refuse to register a contact service provider or child contact centre or to remove a contact service provider or child contact centre from the register, the 2020 Act makes provision for appeal rights to be included in the regulations. The Scottish Government envisages that the provider would have the right to appeal the decision and this appeal would be made to the sheriff court.

4.17. The SPSO would not be part of this appeals process and they would not be able to overturn decisions of the regulator in relation to matters such as inspections and registration of services.

Question 18):

Do you agree/disagree with the proposed process for a child contact centre raising complaints against the regulatory body?

Agree / Disagree / Don't know

Why did you select your answer?

Question 19):

Should the right to appeal by a child contact centre of a decision made by the regulatory body be to the sheriff court?

Yes / No / Don't know

Why did you select your answer?