1. Introduction 

1.1       Whilst IPSEA strives to provide a consistently high quality service to everyone who contacts us for advice and support, complaints are an opportunity to listen, learn and innovate to better serve our community.

1.2       We understand that things don’t always go to plan and there will be occasions when the service we provide fails to meet someone’s expectations. When this happens, we want to be told and we will do our best to put things right if we are at fault, as quickly as possible and to the satisfaction of the person(s) affected.

1.3       The following principles will apply when complaints arise:

  • we will deal with concerns promptly, fairly and sensitively.
  • we will respond to a complaint, provide an explanation and, where we have got something wrong, apologise and provide details of any changes we are going to make as a result of the complaint.
  • we will learn from complaints, use them to improve our services, and regularly review our complaints policy and procedures.

1.4        This policy is available on IPSEA’s website.

 

2. Policy scope 

2.1        This policy applies to all users of our services and should be read alongside IPSEA’s Safeguarding Policy and Procedures, Data Protection Policy, and Acceptable Behaviour Policy.

2.2       IPSEA will handle all complaints fairly, consistently and without discrimination. We are committed to ensuring that no one is disadvantaged in accessing or using the complaints process because of a protected characteristic or personal circumstance.

2.3       IPSEA is committed to ensuring that everyone can access and use our complaints process. We recognise that some people may require additional support or reasonable adjustments to make a complaint. This may include, for example, providing information in alternative formats, allowing complaints to be made in different ways, offering additional time where appropriate, or supporting communication needs. Anyone who requires reasonable adjustments or additional support to make a complaint is encouraged to let us know, and we will do our best to accommodate this.

 

3. Responsibilities  

3.1        IPSEA’s Chief Executive and Management Team are responsible for ensuring the day-to-day implementation of this policy.

3.2       All staff and volunteers should be familiar with this policy, provide information as appropriate on making a complaint and respond to complaints under the first stage of the complaints procedure.

3.3       All parents/carers/young people in receipt of casework support or representation will be provided with written information on how to complain at the outset of their case.

3.4       The Board of Trustees are responsible for ensuring that the management of complaints is effective.

4. Definitions

4.1       IPSEA defines a complaint as:

“any expression of dissatisfaction, however it is expressed, about the standard of service provided, behaviour of staff or volunteers, policies of the organisation, and the actions, or lack of action, by staff or volunteers affecting a person or persons”.

4.2       This means that a complaint need not include the word “complaint” and it may be presented in writing (electronic or hard copy), over the telephone, or in person. If any member of staff or a volunteer is unsure whether something is a complaint they should seek guidance from their line manager or the Advice Services Manager.

4.3       “Complainant” means the person making the complaint.

4.4       “Investigating manager” is the member of IPSEA’s Management Team responsible for dealing with a complaint.  

5. Support during the complaints process 

5.1       Complainants may be supported by a friend, family member, advocate or representative at any stage of the complaints process. Where a complaint is made on behalf of someone else, IPSEA may require confirmation that the complainant has appropriate authority to act on their behalf.

6. Safeguarding and vulnerability

6.1       Where a complaint raises a safeguarding concern, or where there is a risk of harm to a child or adult at risk, IPSEA’s Safeguarding Policy and Procedures will take precedence over this complaints policy.

6.2       In such cases, the matter will be managed in accordance with IPSEA’s safeguarding procedures and escalated as appropriate. Timescales set out in this complaints policy may be adapted to ensure safeguarding concerns are addressed promptly and appropriately.

7. IPSEA’s complaints process

7.1       IPSEA is committed to dealing with complaints fairly and respectfully. We also expect complainants to treat staff, volunteers and trustees with respect. Behaviour that is abusive, threatening, or unreasonably persistent may result in IPSEA limiting or ending contact in relation to a complaint, in line with IPSEA’s Acceptable Behaviour Policy.

7.2       Any such action will be proportionate and will not affect a complainant’s right to have their complaint properly considered.

7.3       IPSEA operates a three stage complaints process.

Stage 1 – informal resolution  

7.4       Most expressions of dissatisfaction can be resolved informally by staff and volunteers having a conversation with the complainant to identify what the issue is, how it has arisen and what can be done to resolve it. If the complaint can be resolved at this stage, a record of the complaint and response will be made and added to the confidential central record of complaints.

7.5        If a complaint cannot be satisfactorily resolved informally (or if the complainant specifically requests that their complaint is dealt with as a formal complaint in the first instance) then the process at Stage 2 should be followed.

Stage 2 – formal complaints   

7.6        Formal complaints are dealt with by a member of IPSEA’s Management Team unless the complaint is about a member of IPSEA’s Management Team. In these circumstances, it will be investigated by IPSEA’s Chief Executive. If the complaint is about IPSEA’s Chief Executive it will be investigated by a subcommittee of the Board of Trustees.

7.7        A formal complaint should be made in writing and emailed to [email protected] or sent by post to us at 2A Stansted Courtyard, Parsonage Road, Takeley, Bishop’s Stortford, CM22 6PU. A formal complaint should be made within 3 months of the matter, event or incident complained of.

7.8        If the complainant is unable to make their complaint in writing (for whatever reason) it can be made verbally to any member of IPSEA staff who will take a note of the conversation and send it to [email protected].

7.9       The complaint will be allocated to the relevant manager to investigate. The investigating manager will acknowledge the formal complaint in writing within five working days of receipt confirming what they understand the complaint to be about. The investigating manager will then carry out a full investigation into the circumstances surrounding the complaint. This might include talking to other members of IPSEA staff or volunteers and examining advice and casework records to check that proper procedures were followed and correct advice was given.

7.10     IPSEA’s target time for responding in full to a complaint is 20 working days from the date of receipt of a complaint, but it may take longer if the issue is complicated. If it is going to take longer than 20 working days to provide a full response to a complaint, the complainant will be notified of this and the reason for the delay.

7.11      Once the investigation is complete, the investigating manager will write to the complainant setting out their findings and confirming whether the complaint is upheld.

7.12     If the complaint is upheld or partially upheld, the complainant will receive a full apology and, where appropriate, be given details of any action that IPSEA has taken or will take to resolve the situation or at least put things right for the future. The aim is always to achieve resolution at the earliest stage possible.

7.13     Where a complaint is not upheld, the complainant will be given reasons for this decision (‘the Decision) The letter or email from the investigating manager will inform the complainant of their right to ask for a review of the investigation by IPSEA’s Chief Executive (or a subcommittee of the Board of Trustees if the Stage 2 complaint was investigated by the Chief Executive) if the complainant is not satisfied with the outcome at Stage 2. Details of how to do this will be provided. Any request for a review must be made within 3 months of the date of the Decision’.

7.14      The Decision letter or email will also notify a complainant if they have a right to complain to any other organisation such as the Solicitors Regulation Authority or the Bar Standards Board. This will only be relevant if:

  • the complainant received support under IPSEA’s Tribunal Support Service and the person who provided this support or supervised their case is a practising solicitor or barrister, and / or
  • if a parent/carer received advice from a volunteer or legal team member on a helpline call who is a practising solicitor or barrister.

Stage 3 – review  

7.15      The same timescales will apply to a review of a complaint at Stage 3 – requests for review will be acknowledged within five working days and responded to in full within 20 working days. IPSEA will not be obliged to consider a request for a review if the request is made after 3 months of the date of the Decision letter or email.

7.16      IPSEA’s Chief Executive (or subcommittee of the Board of Trustees) will:

  • check that the investigation undertaken at Stage 2 was carried out fully and properly
  • check that the fundamental point of the complaint has been addressed, and
  • consider any outstanding issues.

7.17      Once the review is complete, the Chief Executive (or subcommittee of the Board of Trustees) will write to the complainant setting out their findings and confirming whether they agree or disagree with the response provided at Stage 2.

7.18     If, on review, the complaint is upheld or partially upheld, the complainant will receive a full apology and, where appropriate, be given details of any action that IPSEA has taken or will take to resolve the situation or at least put things right for the future.

7.19      Decisions made under Stage 3 of IPSEA’s complaints process are final and no further communication will be entered into with the complainant regarding the subject matter of the complaint.

 

8. Record keeping, review and improve

8.1        All complaints will be handled sensitively and confidentially. Information relating to a complaint will only be shared with those who need to be involved to investigate and respond appropriately.

8.2       Personal data will be processed in accordance with applicable data protection legislation and IPSEA’s data protection policies. There may be circumstances where confidentiality cannot be maintained, for example where there is a safeguarding concern or a legal obligation to disclose information, in line with IPSEA’s Safeguarding Policy and Procedures.

8.3       All complaints (stages 1 to 3) received about IPSEA are recorded in a confidential central record. The Board of Trustees will be provided with a summary of complaints received and the outcomes of investigations.

8.4       Complaints will be reviewed annually. IPSEA will use learning from complaints to improve its services and procedures. Where appropriate, anonymised information about complaints and the changes made as a result may be shared internally or publicly to demonstrate learning and accountability.