Complaints procedures and their limitations in the light of the “Pindown” inquiry

Abstract

Abstract This article seeks to examine and discuss concerns that the most serious complaints and representations, which children “being looked after” might need to make, will not always be considered within the scope of the authorities complaints procedures, as provided for under section 26(3) to (8) of the Children Act 1989. The article also asks whether the emphasis that Government Ministers and Department of Health officials have been placing upon complaints procedures, in response to “the current crisis in the care system,” is justified or overstated. In particular, the expectation that complaints procedures will provide an essential safeguard against children being abused or subjected to mistreatment whilst in care is questioned. In doing so, the article uses examples from the “Pindown” Inquiry in order to illustrate potential difficulties which may arise in the handling of similar cases of maltreatment. This article provides a critical examination of both the legislative framework, and how it was evolved, and the attitudes which have typified organisational responses to complaints. On both counts, this article attempts to show why those who are committed to promoting children's rights should be wary of assuming that complaints procedures will prove to be consistently effective. It cautions that adult interests tend to prevail and the absence of a genuinely independent complaints system is unlikely to change that. Whilst the article does not intend to argue against statutory complaints procedures, recognising that they can contribute much towards better practices, it reflects some strong reservations about their capacity to respond, and be most effective, on those occasions when they most need to be.