Our complaints process

The first thing we do when we get a complaint is to see if we can look at it. We review information provided to see if the issue or complaint is within our remit. The Ombudsman for Children Act 2002 was amended in 2012 and brought over 180 additional public service providers under our remit. We may be able to look at a complaint about a service provider not included in the list of reviewable agencies if it is state funded.

We know that complaints processes can be confusing. Therefore, giving people information about the right agency to deal with their complaint is an important aspect of our work and we try to do this as quickly as possible.

Sometimes complaints come too us too early and we encourage complainants to go back to the public body so that they can complete the local complaints process and resolve the issue if possible. This is called local resolution giving the public body an opportunity to fix things without the need for us to become further involved. 

We have a duty, as much as we can, to ensure that a child or young person’s wishes are considered in line with their age and understanding. In each complaint, we must decide if, when and how to gather the views of the child or children concerned. We ask them about their experiences, their opinion on what has happened and what they would like to change.In each complaint, we must decide if, when and how to gather the views of the child or children concerned. We ask them about their experiences, their opinion on what has happened and what they would like to change.

What does this mean?

We may think it is appropriate to talk to the child or children that the complaint is about. This is only done with the consent of the child, parent or guardian. Children share their views with us in many ways – face to face meetings, online meetings, telephone calls, letters and emails. We work with the children to see what is best for them.

The voice of the child in our complaint process:

The OCO has an obligation under Section 6(2) to in so far as practicable, to give due consideration, having regard to the age and understanding of the child, to his or her wishes, and is committed to the principles and provisions of the UNCRC, including the right of children to be heard and to express their views in all matters affecting them.

In each complaint examined, the OCO must make a decision on if, when and how to gather the views of the child(ren) concerned in relation to their experiences and views of the matter and any redress they may seek. These decisions must be made with reference to our obligations but also proportionally in the context of the specific details of the individual complaint.

What does this mean?

It means that we may consider it appropriate to seek the views of the child (ren) at the centre of the complaint. This is only done with the consent of the child, parent or guardian. Further the means by which we do this can vary depending on the child’s wishes. Some examples of how we have heard the voice of the child, include face to face meetings, online meetings, telephone calls, letters and emails.

The OCO staff member assigned to your case can discuss this process with you in more detail.