When Things Go Wrong: Being an Independent Person under the Children Act 1989 Complaints Procedure

Abstract

The introduction of market principles into public services in the 1990s meant that British local authorities were required to develop complaints procedures. In the case of services for children and families, the Children Act 1989 required the appointment of an “independent person”. This article describes the findings from a research study conducted in 1999. A total of nineteen independent people from a range of London boroughs participated. It was found that young people themselves rarely use this system designed to protect their rights. As “sole traders” in adversarial situations between social services personnel and complainants, the independent people were constantly negotiating their position. Depending upon the issue, they are required to move skilfully between conciliation and formal investigation. The findings will be useful to local authorities using independent people, and to the independent people themselves who are largely unsupported in their roles.