CHILDREN AS COMPLAINANTS IN THE HEALTH AND PERSONAL SOCIAL SERVICES IN NORTHERN IRELAND

9 REFERENCES

Aiers, A. and Kettle, J. (1998) When Things go Wrong, Young People's experience of Getting Access to the Complaints Procedure in Residential Care. National Institute for Social Work/ Selly Oak Colleges

Cabinet Office (1997) Setting Up a Complaints System
http://www.cabinet-office.gov.uk/servicefirst/1998/complaint/b5part1.htm

The Children Act (1989) HMSO

The Children (NI) Order (1995). Belfast: HMSO

The Children Order Guidance and Regulations, Volume 3: Family Placements and Private Fostering (1996) Belfast. The Stationery Office

Hammaberg, T. (1990) The U.N. Convention on the Rights of the Child-and how to make it work. Human Rights Quarterly, 12, 97-105. cited in Walker, E., Brooks, C.M. and Wrightsman (1999) Children's Rights in the United States: In Search of a National Policy. Sage Publications. California

HSS Executive (1996) Complaints, Listening, Acting, Improving. Guidance on Implementation of HPSS Complaints Procedures. Northern Ireland Health and Personal Social Services

HSS Executive (April 2000) Listening, Acting, Improving. The HPSS Complaints Procedure. Guidance on Handling HPSS Complaints: Hospital and Community Health and Social Services. Northern Ireland Health and Personal Social Services

Lansdown, G. Taking Part: Children's Participation in Decision Making IPPR

Lewis and Lewis (1990) Consequences of empowering children to care for themselves, Pediatrician, Vol 17, 63-67 cited in Walker, E., Brooks, C.M. and Wrightsman (1999) Children's Rights in the United States: In Search of a National Policy. Sage Publications. California

Monteith, M. and Cousins, W. (2001) Interim Report of The Multiple Placements Project Childcare Research Centre, Queen's University Belfast

Monteith, M. and Cousins, W. (1999) Children and Young People with Disabilities in Northern Ireland: Part III Social Services Developments and the Impact of the Children (NI) Order 1995, Belfast: Centre for Child Care Research

Monteith, M., Sneddon H., (1999) 'The vulnerability of children with disabilities to abuse: a literature review', Child Care in Practice, 5(2): 122-127.

System Three Social Research and York Health Economics Consortium (2001) NHS Complaints Procedure National Evaluation. Department of Health

Switzer, V. (1997) Child Care Statistics in Northern Ireland. Centre for Child Care Research

Utting (1997) People like Us- The Report of the Review of the Safeguards for Children Living Away from Home, The Stationery Office

Wallace, H. and Mulcahy, L. (1999) Cause for Complaint? An Evaluation of the Effectiveness of the NHS Complaints Procedure. University of London, the Public Law Project.

ANNEX 1

THE TRUST POSTAL QUESTIONNAIRE

ANNEX 1 CHILDREN AND YOUNG PEOPLE AND COMPLAINTS SYSTEMS IN THE NORTHERN IRELAND HEALTH AND PERSONAL SOCIAL SERVICES

This questionnaire is divided into two sections, the first deals with complaints made by or on behalf of children and young people under the Wilson complaints procedure introduced in 1996. The second section deals with Complaints made by, or on behalf of children and young people under the Children (NI) Order 1995.

Section 1: WILSON PROCEDURE COMPLAINTS

(a) Publicity

(b) Organisational Issues

(c) Advocacy

(d) Complaints Statistics

Section 2: CHILDREN ORDER COMPLAINTS

(a) Publicity

(b) Organisational Issues

(c) Advocacy

(d) Complaints Statistics

ANNEX 2

TELEPHONE INTERVIEW SCHEDULE

ANNEX 2 INDEPENDENT REVIEW PANEL INTERVIEWS
TELEPHONE INTERVIEW SCHEDULE

THE PROCESS OF APPOINTMENT

Interviewee
Name
Date
Post
Area Served
How long have you been involved with the complaints system?
How did you first become involved?
What was the process of appointment?
Did you receive any induction or training in preparation for your post?

what form did this take? did any of this training relate to dealing with complaints involving children and young people?

EXPERIENCE OF MEMBERSHIP

What normally happens when a panel is established?
How would you describe your own role on the independent review panel/complaints system?
Could you tell me something about how the decision-making process of the panel works?
E.g. do you consider that all members have an equal say and that everyone's opinion is of equal value?
Based on your experience of panel hearings/the complaints system, how would you assess the independent review process' performance in:
Ensuring a full and fair airing of issues

Making staff accountable for their actions

Making appropriate recommendations

Provoking improvements in services

Maintaining its independence

(Probe further on responses to these questions)

COMPLAINTS CONCERNING CHILDREN

Have you ever been involved in a complaint that involved a child/young person?
Did this differ from complaints that involve adults?
Where there any special issues relating to the complainant's age and understanding?
If the interviewee has not been involved in complaints involving children and young people, then does he or she think there would be any differences or special issues which could arise?
Supplementary hypothetical question How would you re-arrange the way a panel normally works in order to receive/hear evidence from a child (an under 16 year old) and again, How would you re-arrange the way a panel normally works in order to receive/hear evidence from a child (regards a child under 12)?
How would you assess the independent review process/complaints system performance/potential in dealing with a complaint concerning a child/young person?
Very good good adequate poor very poor How do you think the complaints system in general could be improved?
How do you think the complaints system could be improved in order to make it easier for children and young people to use?

ANNEX 3 THE ADVOCACY PRO FORMA

Name of Organisation:
Address:
Telephone Number:

Please describe your Organisation's Aims and Objectives

What sort of services does it provide?
Has your organisation ever provided advice regarding complaints involving children's treatment within?
a) The Health Service YES/NO
b) Social Services YES/NO
If you have answered YES to either of these two questions please say a little more about what this involved:
Does your organisation work:
a) Directly with children and young people YES/NO
b) With Adults seeking advice/help on children's behalf YES/NO Please attach any other material concerning your organisation which you feel may be relevant Thank you for completing this form
Please return in the enclosed envelope to:
The Children and Complaints Project,
Centre for Child Care Research,
5a Lennoxvale,
Belfast BT9 5BY

ANNEX 4

ADVOCACY ORGANISATIONS SURVEYED

LIST OF ADVOCACY ORGANISATIONS SURVEYED QUEST

ANNEX 5

THE PROPOSED POWERS OF THE NORTHERN IRELAND CHILDREN'S COMMISSIONER

The Proposed Powers of the N.I. Children's Commissioner

• Where the Commissioner believes that a public authority is acting in a way that is not compatible with the United Nations Convention on the Rights of the Child, or believes that existing policies, procedures and services affecting children are inadequate, the Commissioner could write to the authority recommending the actions he or she thinks the authority should take, and setting out the reasons for the Commissioner's opinion. The authority would be obliged to respond within a set time, detailing the steps it would take or, if it disagreed with the Commissioner, its reasons for doing so. If the Commissioner remained dissatisfied, he or she could make a report to the Northern Ireland Assembly.
• The power to call for persons and papers would ensure that the Commissioner has a right of access to general information and papers on legislation, policy, procedures and services; and also to specific information and papers, for example, details of a specific complaint which has been made, and how it was handled, including the outcome of any investigation. The Commissioner should only be allowed to have access to confidential information about children with the consent of parents and children where appropriate.
• The Commissioner could be given access to all public and private institutions for children. In using this power, appropriate safeguards would be required including the need to have due regard to the wishes and right to privacy of the children concerned.
• The power to assist children, including financially, in connection with legal proceedings in respect of alleged breaches of their rights in strategic or other appropriate cases, having due regard to the need to avoid unnecessary duplication.
• The power to bring proceedings in his or her own right involving the law, policy and practice relating to the protection of children's rights generally, or where the Commissioner believes that a child's rights have been denied.
• The power to intervene as a third party in legal proceedings on any matter, or any proceedings in any court, tribunal or inquest involving law, policy or practice relating to children's rights in Northern Ireland.
• The power to act as an amicus curiae on any matter or any proceedings in any court, tribunal, or inquest involving law, policy or practice relating to children's rights in Northern Ireland. In using any of the above powers, the Commissioner could be required to have due regard to the right of children to confidentiality, and to the rights of others, especially parents, affected by any action the Commissioner may take. Where there is a conflict between the rights of children and the rights of adults, the Commissioner could be required to give priority to the rights of the child. A series of sanctions are also being considered for those who might obstruct the Commissioner during the performance of his or her tasks.