Pointers for Practice: Complaints & Representations Pathway
This pathway applies to complaints about the Section 5 process only. It does not provide a route to appeal the outcome category (e.g., substantiated, unsubstantiated, unfounded, malicious). Where significant new information arises that could fundamentally affect the original outcome, the LADO may convene a Review Section 5 Strategy Meeting. All rationale and decisions must be recorded.
- Complainant contacts Chair of Section 5 process (DoS/LADO).
- Acknowledgement & logging (within 2 working days). DoS/LADO confirms complaint relates to process, not outcome category.
- Review of representation (within 10 working days of receipt). DoS/LADO checks records, minutes, timescales, invitations, and threshold application.
- Written response to complainant including scope, findings, decision, and any actions. Rationale recorded on case management system.
- Decision point: If process failure or significant new information identified, LADO decides whether to convene a Review Section 5 Strategy Meeting. If not upheld, provide written explanation and signpost escalation routes.
- Escalation (Local Authority): If dissatisfied, complainant may escalate to LADO or Senior Manager in Social Services. Same timescales apply (acknowledge in 2 working days, review within 10 working days).
- Final local stage: Confirm decision, record rationale, and implement any learning or improvements.
- External route: If still dissatisfied, complainant may contact the Public Services Ombudsman for Wales (maladministration/service failure only).
Exclusions & Recording Standards
- Complaints cannot overturn outcome categories.
- Significant new information may trigger a review meeting.
- All acknowledgements, reviews, decisions, and correspondence must be recorded.
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