An independent person in action under the Children Act 1989 complaints procedure

Under Section 26 (4) of the Children Act 1989, local authorities are obliged to appoint independent people to participate in investigations at stage two of the complaints procedure. The nature of their role and tasks were ill defined by the Department of Health Guidance (1991), and hitherto there has been little research in this area. Using the author's experiences, this discussion paper examines some of the dilemmas of undertaking this role, and raises questions about how independent people are meeting legal requirements. From the material discussed here, it appears that the system of including independent people in complaints' investigations is not meeting the intended objectives of ensuring that complaints by young people themselves benefit from impartial scrutiny. Instead, independent people are mainly engaged with investigating officers in unravelling complex situations, many with long histories of serious breakdowns in communication between parents, carers and local authority children's services. In the light of these findings, the Department of Health's recent consultation paper, Listening to People is welcome, although rather disappointing in restricting its attention largely to procedural issues. In this paper the author promotes greater attention to the growing expertise of independent people currently investigating complaints. Additionally it is recommended that a more accessible means for young people to complain should be devised. Copyright © 2001 John Wiley & Sons, Ltd.