How can I make a Complaint against the Fostering Agency?

Current and prospective foster carers can make a complaint about any aspect of the Fostering Agency which affects them directly. The Fostering Agency will have a written complaints policy, and carers and prospective carers will be provided with information on how to access this.

In the first instance, you may want to consider raising any concerns with your supervising social worker or a manager in the Fostering Agency. This is often the quickest route to resolving issues.

You can, however, make a formal complaint straight away if you prefer.

Birmingham Children’s Trust Fostering Agency welcomes and encourages feedback, as this helps us to reflect on what our carers think of the services we provide and how we can improve them. Feedback can be made in writing, by e-mail, telephone or in person to any member of the team.

Birmingham Children’s Trust Fostering Agency will:

• Treat every representation or complaint with the utmost of importance;
• Ensure that every representation or complaint feedback is managed in accordance with The Fostering Services (England) Regulations 2011 Regulations, under the governance and oversight of the Registered Fostering Manager;
• Where appropriate, try to resolve representations or complaints as close to the point of service delivery as possible. This represents the Preliminary Stage of the procedure;
• If the representation or complaint involves the Registered Manager, it will be addressed by the Head of Adoption and Fostering another Head of Service;
• Record and analyse all complaints. Comply with the requirement to provide an annual report to the Chief Inspector on request;
• Investigate and respond in writing and where appropriate, in person, to all representations and complaints;
• Address complaints within the timescales outlined within this policy. Where this is not possible we will let you know in writing and provide a revised deadline;
• Ensure that complainants are aware that they may be supported to help them make a representation or complaint by an appropriate advocate at all stages of the process;
• Treat all representations, complaints, concerns or constructive feedback as confidential;
• Investigate anonymous representations and complaints made anonymously and record the outcome where appropriate;
• No complainant will be treated adversely because they raised a representation or complaint.

This procedure is for Birmingham Childrens Trust Foster Carers or third parties making representations or complaints on their behalf (with the written consent of the relevant Foster Carer)

Representations or complaints can be made about anything related to the fostering task. Examples may include but are not limited to:

• The conduct of staff members;
• the quality of service;
• the delivery or non-delivery of a service.

• Approval: Panel decisions are covered by the separate procedures see link below. If you remain dissatisfied with the decision made at panel you may have the right to refer your case to the Independent Review Mechanism (IRM);
• Birmingham Children's Trust Policies and Practice Guidance Manual, Review and Termination of Approval of Foster Carers.

Representations and Complaints on behalf of Children and Young People:

If a foster carer makes a representation or a complaint on behalf of a child or young person this will be considered through the complaints procedure managed by Birmingham Children’s Trust. For further advice contact Customer Relations Services. 

• Email: cypfsscustomerrelations@birminghamchildrenstrust.co.uk;
• Telephone: 01213035161 (select option 2).

Informal Complaints/ Raising a Concern

The Fostering Agency will ensure that no person who is the subject of a complaint takes part in the investigation unless the registered person of the Fostering Agency considers it appropriate. If the complaint is in relation to the registered person, a suitably qualified and experienced person who is totally independent of the Fostering Agency, will be appointed as Complaints Officer to deal with the complaint.

You will not be subject to any reprisal for making a complaint or representation.

Complaints will be treated seriously and the Fostering Agency will respond to them clearly and fairly. The process around a complaint will be explained to you, including the timeframes involved.

You should be given a copy of the outcome of the complaint and what action if any will be taken to improve any practice changes and service improvements will be explained to you. Also, there should be a clear outcome to the investigation.

The placing and/or host authorities are engaged as necessary during the complaints process.

If you are helping a child in your care complain or want to complain on their behalf, please see the  Representations and Complaints Policy.

Tips for Making a Complaint

The Local Government and Social Care Ombudsman offer the following advice for complainants:

Don't delay

• Make your complaint as soon as possible after the event. It is much easier to remember all the details;
• If you are unhappy with the reply, you may have the opportunity to take your complaint to a second stage. Again, do this as soon as possible and explain why you are not happy with the first reply.

Check what you need to do and be clear you are making a complaint

• Make sure you are complaining to the right person /department. Your supervising social worker should be able to tell you who you need to contact to make a complaint.

Put it in writing

• It is helpful to put your complaint in writing if you can. Make sure to write 'complaint' at the top of your letter or email, so there can be no doubt.

Be clear and brief

• Cover all the relevant points, but be as brief as you can;
• Make it easy to read by using numbered lists and headings to highlight the important issues;
• Give your contact telephone and email details, as well as your address. Then, if the person dealing with the complaint needs more information, he or she can contact you and ask.

Provide evidence

• Send copies of relevant documents – but only those that will help the complaint officer understand your complaint or provide evidence to support it. Make sure you keep copies yourself - you may want to keep any original documents and send copies of these with your complaint;
• Keep notes of any telephone calls about the complaint, including the name of the person you spoke to. This may be important later.

Be clear about what you want

• Explain clearly what you hope to achieve by complaining. But be realistic: your request needs to be fair and in line with to the problems you have had.

Be polite

• Whether writing or speaking to a complaint officer, try to remain polite and calm.

Respond appropriately

• Respond appropriately if asked to do so by the complaint officer. Read any letters and documents that are sent to you. If you cannot reply within the stated timescale, tell them why and ask for more time.

Be patient

• It may take some time for your complaint to be considered. Don't be afraid to chase politely if nothing seems to be happening to progress matters;
• If you are unhappy about a decision made by the service's Decision Maker or a recommendation made by the Fostering Panel you may be able to request a review by the Independent Review Mechanism. The Independent Review Mechanism can make recommendations to the agency. See Reviewing my Approval and Appeals.

You are also entitled to get in touch with the regulatory body Ofsted. A complaint to Ofsted may be appropriate if you are not satisfied with the service's response after you have followed its complaints procedure or if you feel unable to contact the service concerned about this particular issue.

Complaints Process - An Overview

Formal complaints should be made in writing. The Fostering Agency will always try to deal with this informally - see above section. This does not mean that you are not being taken seriously; it is because the complaint is more likely to be able to be dealt with quickly and to your satisfaction when it is dealt with in this way. This is known as a Stage 1 complaint. All complaints are recorded by the Fostering Agency and the Fostering Agency Manager monitors them.

If you are not satisfied with this, your complaint will be dealt with in line with the Children's Social Care Procedures. This is known as a Stage 2 complaint and an independent investigation will take place.

If the complaint has still not been resolved then an independent review panel will consider the complaint and the way it has been dealt with. This is Stage 3 of the process and it has to be considered by an independent panel.

The aim of this procedure is to resolve representations and complaints quickly and effectively. To achieve this, Birmingham Children’s Trust Fostering Agency will consider whether resolution may be facilitated by the appointment of an independent mediator at any stage in this process.

Preliminary Stage - Addressing Disputes

The Children Act 1989 requires that children’s wishes and feelings are considered, as are the views of parents and foster carers. If there are differences of opinion, Birmingham Children’s Trust wants to address these as early as possible so that matters do not progress to a formal complaint.

At the Preliminary Stage the Foster Carer should bring their representation or complaint to the attention of their Supervising Social Worker or Fostering Duty Social Worker.

Foster carers may request support from Fostering Network or Birmingham Foster Carers Association to help them to make their representation or complaint. See contacts.

The Supervising Social Worker should take appropriate actions to resolve the representation or complaint and respond to the foster carer.

Stage 1 Complaint Investigation

If matters cannot be resolved informally, as described above, foster carers may raise a formal complaint with their Fostering Agency Manager.

If the representation or complaint is about the Registered Manager, the responsible Individual will identify an appropriate member of staff to investigate the complaint

All stage 1 complaints will be acknowledged within three working days of receipt.

The investigator will investigate the concerns raised and the foster carers desired outcomes. The investigator will respond in writing no later than 20 working days of the agency receiving the complaint. This response will explain how the Foster Carer can escalate their complaint if they remain unhappy.

Stage 2 Complaint Review

The foster carer should notify Birmingham Children’s Fostering Agency if they wish to escalate their complaint within 10 working days of the stage 1 response this should clearly explaining why they remain unhappy and what outcomes they are seeking.

Stage 2 complaints will be investigated by the Registered Fostering Manager. If the representation or complaint is about the Registered Manager, the Responsible Individual will identify an appropriate member of staff to review the complaint.

The reviewing manager will continue to look at ways to achieve resolution and, if appropriate use mediation. Within five working days of the stage 2 complaint being received, the reviewing manager will arrange to meet with the foster carer to discuss why they remain unhappy and what outcomes they are seeking. 

The reviewing manager will consider the areas of concern and reply to the foster carer within 20 working days from the meeting with the foster carer. As at stage 1, the stage 2 response will explain how the foster carer can escalate their complaint if they remain unhappy

Stage 3

If you remain unsatisfied you may contact the Chief Inspector at Ofsted

Their Contact details are:

Chief Inspector Ofsted
Piccadilly Gate
Store Street
M1 2WD

Tel: 0300 123 1231
Website: www.gov.uk/government/organisations/ofsted

Fostering Network aims to ensure that Foster Carers receive the correct support and training to feel safeguarded in their role, from pre-approval stages through to retirement.

Fostering Network can be found asfollows:

Fostering Network can be found here: www.thefosteringnetwork.org.uk/

Key helplines and enquiry contacts are:

Member helpline: An exclusive member only helpline service provided by The Fostering Network - providing support with any fostering related issue. Open from 10am-3pm Mon to Fri call: 020 7401 9582 or email: info@fostering.net

Legal helpline: Foster carer members receive market-leading legal protection insurance covering the whole family in the event of an allegation and can access the legal helpline 24/7 for advice on legal matters - 01384 885 734.

Stress support line: Available 24/7. It is staffed by qualified counsellors and translation is available in over 200 languages. Members of The Fostering Network can access this completely confidential stress support service on 01384 889 549.

General membership enquiries: membership@fostering.net / 020 7620 6440.

Network Engagement Officer: Richard Ralph - richard.ralph@fostering.net

Network engagement officers work directly with foster carers and members to keep you up to date, connected and engaged.

The Birmingham Foster Care Association (BFCA)

The Birmingham Foster Care Association exists to support carers who foster for Birmingham Children’s Trust in their role of parenting our City’s most vulnerable children and young people. They are an independent, collective voice for those Foster Carers.

BFCA’s support team are a dedicated extremely experienced team of Foster Carers who can assist Foster Carers with any aspect of their role from financial issues, through complaints, allegations, (up to and including Panel) and give their time voluntarily to help other Foster Carers.

The B.F.C.A. co-ordinator is available 9.30am – 3pm Monday to Friday on Tel: 0121 464 3037 or email Info@bfca.org.uk

Support line Tel: 0121 5152749 or email Support@bfca.org.uk

For more information you can visit the BFCA website www.bfca.org.uk

Or visit the resource centre at 150 Church Lane, Handsworth, Birmingham, B20 2RT

Birmingham Foster Care Association

BFCA
150 Church Lane
Handsworth
Birmingham
B20 2RT

Telephone: 0121 464 3037
Email: info@bfca.org.uk

See:

Complain about a provider Ofsted inspects or regulates

Complaints form

You can also contact the Children's Commissioner for England

However, Ofsted will not be able to consider any complaints until this internal Complaints process has been fully completed.