Complaints and Appeals: When You Disagree with a Decision

When you foster, decisions made by your fostering service, local authority, panel, or individual workers can have big consequences for you and the children in your care. Most of the time issues can be sorted out informally, but sometimes you will disagree with a decision and need a clear, fair route to challenge it. This guide explains how the children’s social care complaints process works in England, how it differs from appeals about fostering approval decisions, when Ofsted or the Local Government & Social Care Ombudsman (LGSCO) get involved, and how to present your case so it’s heard and resolved. (If you’re in Wales, Scotland or Northern Ireland, processes differ; this article focuses on England.)

When should you complain—and when should you appeal?

Common situations that trigger challenges

You might seek a formal complaint if you believe a child’s plan isn’t being followed, your allowance or mileage has been handled incorrectly, your contact with support has fallen short, or decisions have been delayed unreasonably. Complaints are about how a service acted or a decision it took within its powers—for example, the quality of support, timeliness, or how policy was applied. By contrast, an appeal is what you consider when your fostering approval is being changed or refused (a different pathway—covered below under the Independent Review Mechanism). Statutory guidance defines children’s social care complaints broadly as dissatisfaction about actions, decisions or apparent failings of the local authority’s children’s services, and it allows appropriate representatives (including foster carers) to complain on a child’s behalf.

The children’s social care complaints procedure (local authorities)

Who can use it and what it covers

The Children Act 1989 representations and complaints procedure applies to a wide range of people, including foster carers, children in care, care leavers and others with sufficient interest. It covers unwelcome or disputed decisions, delays, quality or delivery of services, application of eligibility criteria, and the impact of policies on a child. The emphasis is on resolving issues swiftly, offering advocacy, and keeping the child’s voice central.

Stage 1: Local resolution

At Stage 1, you raise the issue directly with the team providing the service. The aim is a prompt, workable solution—often via your supervising social worker or the Independent Reviewing Officer (if the matter relates to a child in care review). The statutory timescale is 10 working days, extendable to 20 working days for complex cases or where an advocate needs to be arranged. If it’s not resolved, you can progress to Stage 2.

Stage 2: Independent investigation

If you remain dissatisfied, the complaint moves to a formal investigation led by an Investigating Officer with oversight from an Independent Person. The goal is a thorough, fair examination of each point you’ve raised, with a written report and the council’s adjudication. The investigation should conclude in 25 working days, with a maximum extension to 65 working days for complex matters.

Stage 3: Review Panel

Still unhappy after Stage 2? You can request a Stage 3 Review Panel—a meeting of independent people who consider whether the Stage 2 investigation was adequate and whether the findings and remedies were reasonable. You normally have 20 working days to ask for a panel; the panel should be convened and held within 30 working days, issue its findings within 5 days, and the local authority should respond within 15 days.

What happens after Stage 3

If you’re still not satisfied after the Panel and the council’s response, you can take the matter to the Local Government & Social Care Ombudsman (LGSCO), who investigates maladministration causing injustice. The Ombudsman expects councils to follow the three-stage statutory process first, except in limited circumstances.

Complaining about a fostering service or IFA (not just councils)

Using the provider’s own procedure—and when Ofsted is relevant

If your complaint concerns an independent fostering agency (IFA) or a particular fostering service’s practice, use the provider’s complaints process first (IFAs are regulated and must have a clear, accessible procedure). Where the concern is about compliance with regulations or safeguarding in a registered service, you can also raise concerns with Ofsted, though Ofsted is not a dispute resolver for individual cases; they use information to assess risk and compliance and may investigate providers. Start locally, then escalate as needed.

Appeals about approval decisions: the Independent Review Mechanism (IRM)

When panel or the decision-maker says “no” (or changes your terms)

Approval decisions go through fostering panel recommendations and an Agency Decision Maker (ADM). If the ADM is minded to refuse/terminate approval or vary your terms in a way you dispute, you’ll receive a qualifying determination (QD). At that point you have two options: make representations to your provider (so the ADM reconsiders), or apply to the Independent Review Mechanism (IRM) for a review. You typically have 28 calendar days from the QD letter to choose.

What the IRM can and can’t do

The IRM is not an appeal court and cannot overturn your agency’s decision. Instead, an independent panel reviews your case and makes a fresh recommendation about your suitability and/or the terms of approval, which the ADM must consider before making a final decision. This provides an impartial check and a second look at the evidence.

Allegations and standards of care vs. complaints

Different routes, different protections

If you face an allegation of harm or a standards-of-care concern, that is usually managed under separate safeguarding procedures (often involving the LADO for allegations against carers) and may trigger an early review of your approval. Where you believe the process has been unfair or delayed, you can still use the complaints route to challenge process issues, but the safeguarding investigation itself will follow its own statutory track. The Fostering Services Regulations also require regular reviews and allow services to reassess approval when significant events occur.

How to give your complaint or appeal the best chance of success

Write a focused narrative with clear outcomes

Open with a short chronology: what decision was made, by whom, when, and why you think it’s wrong or unfair. Then list the outcome you’re asking for—for example, a corrected allowance, a revised contact plan, or reconsideration of a match decision. Keep the focus on the child’s welfare, evidence, and the regulations or guidance that apply.

Use contemporaneous records

Daily logs, emails, text confirmations, minutes of meetings, transport receipts, education notes and IRO review records carry real weight. For appeals about suitability to foster, reference training, supervision records, feedback, and any recent positive assessments that show growth and learning since the original issue arose.

Mind the timescales—and ask for advocacy

The statutory children’s complaints process has tight time limits for each stage, designed to avoid drift. If deadlines pass without progress, politely reference the guidance and ask for escalation. If the child wishes to complain, ensure they’re offered independent advocacy and age-appropriate information about their rights.

Be proportionate and solution-oriented

A respectful tone, a realistic remedy, and willingness to meet part-way often speed things up. Mediation can help at Stage 1. During disputes, try to keep day-to-day arrangements stable for the child and document any impact decisions are having so the reviewing manager or panel can weigh them properly.

Where each route leads—and when to combine them

Local authority complaints vs. IRM vs. regulators

Think of the children’s complaints procedure as the route for service failures and poor decisions affecting a child or your fostering support from the council. Use the IRM when your approval is at stake and you’ve had a qualifying determination from the ADM. Bring Ofsted concerns if you believe a registered fostering service is not meeting regulations, while recognising Ofsted won’t adjudicate an individual dispute. If, after completing the council’s three stages, you’re still not satisfied, go to the LGSCO. In some situations you may use more than one route (for example, a Stage 2 complaint about delay alongside an IRM process about proposed changes to your approval), but keep each process clean and clearly referenced to avoid confusion.

Practical template you can adapt

A short structure for your Stage 1 letter

Open with the decision you’re contesting and the impact on the child. Summarise the facts in date order. Reference any policy, plan or assessment you believe wasn’t followed. State the remedy you’re seeking and why it’s reasonable. Close by asking for a Stage 1 response within the statutory timeframe and offering times you’re available to meet. If you’re writing on behalf of a child, note their wishes and feelings and confirm consent.

What to expect after you submit

Communication, interviews and the written outcome

At Stage 1 you should be contacted quickly, offered a chance to discuss, and receive a short written outcome. At Stage 2, expect interviews and an investigation report with clear findings against each point, plus the council’s adjudication and any remedies. At Stage 3, the independent panel will focus on whether Stage 2 was adequate and what further remedy is fair. After internal stages, the Ombudsman can consider whether there was maladministration and recommend remedies such as apologies, back-dated payments, service changes, or symbolic payments for distress.

Tips for carers during disputes

Protect placements, protect yourself

Keep communications child-centred and factual. If emotions are running high, ask to pause a meeting and submit written points later. If the decision you’re disputing could harm a child, ask the complaints manager whether it can be temporarily deferred while the complaint is considered, balancing risks carefully. Seek supervision support, peer support groups, or independent advice from national fostering charities during the process.

Final word: pick the right lane and keep good records

A calm plan beats a long fight

Most disagreements can be resolved at Stage 1 when everyone is clear about the facts and the desired outcome. If not, the framework exists to protect you and the child: Stage 2 investigation, Stage 3 panel, and, where appropriate, the LGSCO—plus the IRM when your approval is in question. Use the statutory timescales to keep things moving, stick closely to evidence, and don’t hesitate to ask for advocacy or independent advice. With a clear narrative and child-first approach, you give your complaint—or appeal—the best possible chance of being heard and put right.