Complaints policy

Overview
This policy applies to all Cafcass staff and associates and is for adults who have received a
service from Cafcass or have been directly affected by the way we have carried out our
work. It sets out how we will assess and respond to complaints from adults about Cafcass’
work with them. We have a separate process for children’s complaints.1
Our aims are to:

• Provide an appropriate and timely resolution to complaints.

• Promote a positive learning culture where complaints are welcomed as a way of
driving improvements to the way we work with children and families.
• Uphold our Together values of: always looking for strengths and risks; believing in
respectful relationships; clear and reasoned decision making; holding children and
families at the heart of our work; and wanting to know more about families and what
is important to them.
Why this is important for children
We want children to have an exceptional experience of our work. It is important that we work
together with children and families to understand how they experience our service, including
when things have gone wrong, and that we shape our services to meet their needs. Our
approach should remove barriers to children and families sharing concerns with us, provide
a remedy where appropriate, and demonstrate what we have learnt and changed as a result.
Principles

• Raising a complaint with Cafcass will not prejudice the outcome of family court
proceedings or the way we work with a family.
• Everyone at Cafcass will listen to concerns in a sensitive and empathetic way and
aim to provide swift resolution when people have identified things we can put right
quickly. This includes providing a clear explanation or answer to concerns. Many
things can be put right at the first instance by the person or team already working
with the individual.
• We recognise the Parliamentary and Health Service Ombudsman’s definition of a
complaint as an expression of dissatisfaction – either spoken or written – that
requires a response. This is different to feedback, which is an opinion, whether
invited or spontaneous, that can be positive, negative or neutral and does not require
a response.2 Cafcass has a separate process for giving feedback, set out in our
Feedback Strategy.3
• Our Complaints and Correspondence function is independent of our frontline social
work teams. It exists to listen to children and families, put things right, and identify
learning for Cafcass and the wider family justice system.

1
https://www.cafcass.gov.uk/young-people/feedback-and-complaints-from-children-and-young-people/
2
Parliamentary and Health Service Ombudsman UK Central Government Complaint Standards,
https://www.ombudsman.org.uk/organisations-we-investigate/uk-central-government-complaint-
standards/uk-central-government-complaint-standards-summary-expectations
3
Cafcass Feedback Strategy, https://www.cafcass.gov.uk/contact-us/feedback-complaints-adults

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1. Everyday conversations

1.1 We encourage families to raise any concerns as soon as they arise, with the person
or team they are working with, and we expect most matters can be resolved through
these everyday conversations without the need for a person to make a complaint.
This can include things like:

• A request for advice or an action.

• A need for an explanation to resolve confusion about what is happening or to clarify a
position or decision.
• A concern about an error that may have been made.

2. When to raise a complaint

2.1 We know that family court proceedings can be difficult and that it can take some time
before people are ready to consider whether they want to raise a complaint about the
quality of service they received. We encourage families to raise complaints as soon
as they feel something has gone wrong and, wherever possible, while the court
proceedings are ongoing. This is so that any relevant issues can be addressed within
the proceedings.

2.2 Once the court proceedings have finished, we will be limited in the actions we can
take and the response we can provide. We will still consider complaints received
after the end of proceedings and whether we need to make changes to our approach
to improve our service in future.

3. How to raise a complaint

3.1 Any person can make a complaint if they have received or are receiving a service
from Cafcass, or if they are or have been directly affected by the way we carried out
our work. Concerns raised by another professional are recorded and responded to by
local operational teams – rather than our Complaints and Correspondence function –
as part of Cafcass’ established routes of relationship management.

3.2 People can choose how to contact us to make a complaint. Examples include in
person, by phone, letter, email or via our website ‘contact us’ form.4 We will take
account of people’s communication preferences in our work. The Parliamentary and
Health Service Ombudsman has created some tips for making a complaint about a
government body.5

3.3 Complaints addressed to our Chief Executive or Board will be routed through to our
Complaints and Correspondence function. The Chief Executive and Board members
do not respond to individual complaints. They receive regular reports identifying
themes in complaints, learning identified, and what has happened as a result.

4
https://www.cafcass.gov.uk/contact-us/
5
https://www.ombudsman.org.uk/making-complaint/before-you-come-to-us/complain-change/tips-making-
complaint-about-uk-government-service

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3.4 Where someone does not want to, or cannot, speak to us about their complaint, they
can ask a representative to raise the complaint on their behalf. There is no restriction
on who may represent them. However, we will ask to speak with the individual where
possible and we will direct our response to them. This is because court rules prevent
us from sharing information about court proceedings to people outside of the
proceedings.

3.5 If at any time we see that a representative is not acting in the best interests of the
person raising the complaint, we will stop our consideration of the complaint. If we do
this, we will share our reasons with the representative in writing and will signpost
them to the Parliamentary and Health Service Ombudsman if they are unhappy with
our decision.

3.6 We will not tolerate abusive or threatening behaviour and will ask that any such
complaints are resubmitted. We may refuse to accept complaints from those who are
repeatedly abusive or threatening, in line with our guidance on managing
unacceptable behaviour, or those who repeatedly contact us.

Things our complaints team can look at

3.7 We can look into complaints where someone thinks we have:

• Made administrative mistakes such as: taking longer than we said we would to do
something; failing to attend a meeting or court hearing; or contributing to delay within
proceedings
• Not captured factual information accurately in documentation or reports to court,
such as a name or date of birth.
• Behaved in an unprofessional way such as being rude or disrespectful, or not
responding.
• Not followed our policies in the way we have worked with a family, or how we have
managed our work6

Things our complaints team cannot look at

3.8 We cannot look into complaints that are:

• Challenges to our assessments or recommendations to court. We undertake

assessments as directed by the court and, ultimately, our reports are written for the
court. We know that families will not always agree with our assessments or the
recommendations we make. Where this happens, it is important that the court is
aware of any disagreements with the content of a Cafcass report. We recognise that
it can be difficult for families to challenge Cafcass reports within court proceedings,
especially where they are representing themselves. Where a complaint is made
about our assessment or recommendations we will provide information about how to
challenge this appropriately.
• Challenges to decisions made within the court proceedings, including judicial
decisions and court orders. If someone thinks a judge’s decision was incorrect they

6
https://www.cafcass.gov.uk/about-cafcass/policies/cafcass-policies/

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 may wish to seek legal advice on the options available. Our website has a page of
resources for families which includes sources of legal information and advice.7
• Complaints about other professionals such as judges, social workers employed
by the local authority, solicitors, or experts appointed by the family court. If a
complaint is made about another professional, we will provide information about the
appropriate route for this.

4. How we respond to complaints

4.1 We will acknowledge complaints within two working days of receipt. We will aim to
understand what the issues are and what, if anything, needs to happen as a result.
We will assess whether the issues raised are things we can respond to, and what
sort of response is needed. Every complaint will be allocated to a member of our
complaints and correspondence team who will be responsible for keeping the
complainant updated with what we are doing. We will provide a clear outline of what
we will look into and respond to, and a timeframe for when we expect to do this. If we
cannot look at the issues raised, we will explain why this is and suggest other
options.

4.2 In reviewing the complaint, we will assess whether it is suitable for early resolution,
where a response will be provided within one week, or whether an investigation is
needed, which can take up to 20 working days.

4.3 We always provide an opportunity to speak directly to the person resolving the
complaint, whether this is as an early resolution or an investigation.

4.4 We will always give the option of a written response to the complaint. Investigation
outcomes will always be provided in writing.

4.5 Reasonable adjustments are made for people with disabilities or those who otherwise
need help in submitting their complaint. This can include receiving correspondence
from a representative nominated to raise a complaint on the person’s behalf.

Focus on early resolution

4.6 When the person allocated to the complaint believes that an early resolution may be
possible, they are able to take action to address and resolve the issues raised and
put things right. This may mean giving a quick explanation or apology themselves or
making sure a colleague who is more informed of the issues does. They will resolve
complaints by phone and in writing.

4.7 The complainant will be kept updated until we have concluded our work, aiming to do
this within one week. We will capture a summary of the complaint and how it has
been resolved to make sure we build up a detailed picture of how people experience
our services. We will use this data to help us improve our services for other families.

4.8 If the person raising the complaint is not happy with our resolution, we will explain
how they can progress their concerns by referring their complaint to the
Parliamentary and Health Service Ombudsman, via an MP.

7
https://www.cafcass.gov.uk/grown-ups/parents-and-carers/resources-parents-carers/

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Investigation: a closer look into the complaint
4.9 We recognise that not all complaints can be resolved quickly and in some instances
we will require a longer period of time to carry out a closer look into the issues to
determine what happened and what should have happened. This investigation
process will take longer than our early resolution approach and we will discuss
timeframes with the complainant if we think an investigation is needed. Generally, our
target would be to complete an investigation within 20 working days.

4.10 The person investigating the complaint will ask to speak with the person complaining
to make sure they fully understand the key issues to be looked at, how the person
has been affected, and the outcomes they seek from the investigation. They can also
signpost them to any available help, support and advice services at an early stage,
and agree a timescale for investigating the complaint and how best to keep the
person informed throughout.

4.11 An investigation will usually involve us speaking with relevant members of staff and
looking at any evidence that is proportionate and necessary to address the issues
raised. They will reference relevant legislation, standards, policies and guidance to
clearly identify if something has gone wrong.

5.0 Putting things right and learning from complaints

5.1 Where something has gone wrong, the person resolving the complaint will work with
the complainant to understand the impact of this. Where possible, they will put that
right. If it is not possible to put the matter right they will consider what action can be
taken to remedy the impact.
5.2 Remedies can include:
• An acknowledgement, explanation or meaningful apology for the error
• Recognising the impact of any errors, which may include compensation
• Amending Cafcass records or clarifying things with court
• Changing policies or practices to prevent the same mistake(s) happening again and
to improve things for other children and families
5.3 We expect all staff to identify what learning can be taken from complaints, whether
mistakes are found or not. In some circumstances, this can include offering a listen
and learn conversation to those who want us to better understand and reflect on their
experience.
5.4 Our senior leaders take an active interest and involvement in all sources of feedback
and complaints, identifying what insight and learning will help improve our services
for other families. Our senior leadership team and Board receive regular reports on
the performance of our complaints service, including the main themes identified in
complaints, learning identified, and what has happened as a result. An annual
summary of this learning is published in our Annual Report and Accounts.
6.0 Next steps for the complaint
6.1 We will not reinvestigate repeated complaints about the same issue where we are
satisfied that we have responded appropriately and have done all we can to resolve
matters.

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 6.2 If the complainant is not satisfied with our response to their concern, they can ask an
MP to refer the complaint to the Parliamentary and Health Service Ombudsman.8 The
Ombudsman may be able to investigate how we have responded to the complaint.

Policy owner Sophie Cappleman, Head of Complaints and

Correspondence
Approved by Corporate Management Team
Approved on 4 July 2023
Equality impact analysis August 2022
Implemented 4 August 2023
Version 4.0 – rewritten following review of function.
Amended NA
Next review August 2024

Flowchart for complaints

Everyday conversations and business as usual: the local team should always be the first port of call for
any concerns. Many things can be clarified or put right at the first instance, by those already working with
the family.

Where matters cannot be resolved locally, or where the individual does not want to work with the local
team, the matter will come into the complaints function.

Receipt and allocation (acknowledged within 2 working days) – speaking with the individual where
possible – to determine which pathway the complaint takes:

Early resolution can include Investigation can include

• Something that can be quickly clarified or put • Complaints requiring more engagement with local
right teams e.g. conduct
• Factual issues that can be verified from the • More complex complaints requiring consideration
child’s record e.g. a missed hearing of longer documents or evidence
• An error that can be corrected quickly
• Aim to resolve within a week • A target of 20 working days
• One point of contact for complainant, who • One point of contact for complainant, who keeps
makes all relevant enquiries (e.g. local team) them updated throughout
to provide a resolution. • For complaints requiring more of a deep dive
• May need social work subject matter expert input
• May include a ‘listen and learn’ conversation

8
https://www.ombudsman.org.uk/