Annual Report of the Independent Complaints Reviewer for the Youth Justice Agency 2008/2009
When things go wrong, or when people think they have, they need to be able to rely on public bodies to treat their complaints seriously, own up to mistakes and try to resolve matters in a helpful way. The Independent Complaint Review service provided by my colleague Elizabeth Derrington and myself provides a free and effective complaints review and resolution service for people whose complaints the Youth Justice Agency has been unable to settle. Our review considers what service people can reasonably expect from the Agency and whether required standards were met in their case.
We settle complaints:
- Through advice and assistance, which helps people take matters forward;
- Through resolution, by agreeing steps to be taken by the Agency that will settle matters to the satisfaction of both parties;
- Through adjudication, following investigation and full consideration of the issues.
Following adjudication, if we find that things have gone wrong, we can recommend redress for the complainant, or improvements to the Agency’s service. The Agency has agreed to act on ICR recommendations. If there are special reasons why this is not possible, the Agency will offer a written explanation to the ICR and complainant.
ICR team members are skilled complaint handlers and the office has a reputation for fairness and impartiality. We welcome independent scrutiny of our quality of service and are recipients of the BSI complaints management standard. We publish clear information about our service and communicate with people in a manner that meets their preferences. We have video links with the Agency so that young people or their representatives can speak with us face to face quickly.
We respect the privacy of complainants and do not publish information about them or their case or discuss individual cases with the media or any other third party, although we may refer to the kind of issues raised to explain the causes of complaints and how they can be avoided. As far as possible, we respect a complainant’s wishes and protect sensitive personal information, however, we do need to exchange information about the complaint with the Agency to find out important facts about it. We are able to see all of the relevant files and information for the purpose of investigation, but have no authority to release it to a complainant or any other third party. Requests for data or information must be made direct to the Agency.
During the year, the Agency recorded 21 internal complaints. 12 of these were resolved at step1 (“talk to a member of staff”), 8 at step 2 (“complain to a senior manager”) and only one at step 4 (referral to the ICR). 18 of these complaints were made about Custodial Services, which is perhaps not surprising in light of the potential for contentious engagement with clients. In any event, this is a very low number, considering the extent and type of contact Agency staff have with clients and their families. It demonstrates that people are generally satisfied with quality of service and this reflects what we find during Agency visits.
We are pleased to report that in 2008-09, few people have needed to contact the ICR Office for help. I have only carried out one full complaint investigation, which did not arise from a referral from a service user but from a professional social worker, who had contact with the Agency on behalf of a client. I was able to settle the complaint by agreement, however it did identify ways in which the Agency could improve its complaints process and these learning points were accepted and taken forward.
Case Study
Mr A complained to the ICR about the 'abusive' content of conversations that had taken place between him, acting in his professional capacity as a social worker, and a representative of the Youth Justice Agency. Mr A had previously raised his complaint with the Agency and was dissatisfied with the response he received.
In line with our normal procedure we examined Mr A's complaint in order to establish whether it might be possible to resolve his concerns by agreement. Mr A conceded that this might be possible if the Agency recognised the inappropriate nature of communication with him, and that in dealing with his complaint about this, it had not followed its own procedure. He wanted that Agency to apologise to him for these shortcomings. Following my representations to the Agency, it accepted that the conversations that took place with Mr A were inappropriate and agreed that a senior manager would write to him to apologise. Mr A was satisfied with this outcome to his referral and this brought our consideration of the matter to a close.
Learning points: Following resolution, the Agency agreed that complaint guidance should be amended to ensure that it encompassed all potential complainants and explained clearly how they could take matters forward within the Agency. I also suggested consideration of a ‘fast track’ approach to the ICR.
During the reporting year I was pleased to visit regional offices and to attend the Youth Conference Service Away Day, when I had a chance to talk to Agency staff about my role and the value of complaints. These visits help us to learn about the Agency’s work directly from its clients, staff and stakeholders and we hope that they give young people more confidence to take any concerns forward. Our planned visits this year include the Woodlands Juvenile Justice Centre
Finally, we acknowledge the co-operative way in which the Agency works with the ICR office; the commitment to good complaints handling demonstrated by the Chief Executive and his senior team; and the interest taken in these matters by the Agency Board, which receives quarterly reports on complaints. I look forward to continuing to work with the Agency to ensure that customer service remains at the forefront of its strategic and operational decision-making.
Jodi Berg Independent Complaints Reviewer
Contact the ICR team
People who contact our office can expect from us courtesy; honesty; respect; objectivity; and flexibility.
New Premier House
150 Southampton Row
London WC1B 5AL
E-mail: enquiries@icr.gsi.gov.uk
Telephone: 020 7278 6251
Fax: 020 7278 9675