Complaints, Advocacy and Regulation 39 in Children's Homes
A practical deep dive into complaints and advocacy in children's homes in England, covering Regulation 39, what counts as a complaint, complaints vs everyday...
Regulation 39 requires the home to have a complaints procedure that is accessible to children, parents and placing authorities. The procedure must include internal and external routes, and children must have access to independent advocacy. Complaints should be handled fairly, promptly, and substantively. Every complaint is an opportunity to learn. Some complaints are also safeguarding concerns and must trigger the safeguarding process. Ofsted inspects complaints handling and can receive complaints directly.
In this guide
- What Regulation 39 requires and what the Guide to the Regulations explains
- How to write a complaints procedure that children can actually use
- How to make complaining safe and accessible for children
- What independent advocacy is and how the home must provide access to it
- How to handle complaints fairly, promptly and substantively
- How to learn from complaints and share the learning with staff and children
- How to identify when a complaint is also a safeguarding concern
- How Ofsted inspects complaints handling and what inspectors look for
Regulation 39 of the Children's Homes (England) Regulations 2015 requires the registered person to have a complaints procedure. The Guide to the Children's Homes Regulations (DfE, 2015) explains that the procedure should be accessible to children, should allow complaints to be made easily, and should ensure that complaints are handled fairly and promptly. The Children's Guide must explain how to complain in a way children can understand. The home must provide access to independent advocacy. Ofsted inspects complaints handling under the SCCIF.
What Regulation 39 requires
Regulation 39 requires the registered person to have a complaints procedure that is accessible to children, parents and placing authorities. The procedure must set out how complaints can be made, how they will be handled, the timescales for response, and how the complainant can escalate if they are not satisfied.
The requirement is not just to have a procedure. It is to have a procedure that works. A procedure that exists on paper but that children cannot use, or that does not result in complaints being taken seriously, does not meet the purpose of the regulation.
A complaint is only valid if it is made in writing through the formal procedure.
A complaint can be made in any way: verbally, in writing, through an advocate, or through a third party. A child saying 'I don't like it here' or 'that staff member was unfair to me' is raising a concern that should be taken seriously and may be a complaint. The home should help the child to formalise the complaint if they want to, but should not dismiss informal concerns because they are not in the right format.
The complaints procedure
The complaints procedure should be clear, simple and accessible. It should set out: who a complaint can be made to, what happens when a complaint is made, how long the response will take, what the complainant can do if they are not satisfied, and how the home will learn from the complaint.
The procedure should include internal and external routes. Internal routes include the Registered Manager and the Responsible Individual. External routes include the placing authority, Ofsted, the Children's Commissioner, and independent advocates. A child or parent should not have to exhaust internal routes before accessing external ones.
Regulation 39 requires the home to have a complaints procedure. The Guide to the Regulations explains that the procedure should be accessible, should allow complaints to be made easily, and should include both internal and external routes. The Children's Guide must explain how to complain in a way children can understand. The home must provide information about independent advocacy.
Making complaints accessible to children
Children need to be able to complain. This means they need to know they can, know how to, and feel safe doing so. The Children's Guide should explain the complaints process in a way children can understand. Staff should talk to children about complaining, not just at admission but throughout their stay.
A child who is afraid to complain is not able to complain. If a child thinks that complaining will make things worse, that staff will be angry, or that they will be punished, they will not complain. The culture of the home matters as much as the procedure. A home with a good procedure but a culture that discourages complaints is not meeting the requirement.
Child-centred questionIf a child in this home was unhappy about something, would they feel able to complain? Would they know who to talk to, what would happen, and that they would not get into trouble for speaking up?
The Children's Guide
How the Children's Guide explains complaints to children.
Independent advocacy
Children have a right to independent advocacy. An advocate is someone independent of the home who can help a child express their views, make a complaint, and be heard. Advocacy is not the same as the independent visitor (Regulation 44). An advocate focuses on helping the child with specific issues, particularly complaints.
The home must provide information about advocacy and must help children to access an advocate if they want one. The home should not act as a gatekeeper: if a child wants an advocate, the home should help them get one, not assess whether the child 'really needs' one.
The Children Act 1989 and the Guide to the Regulations establish that children have a right to advocacy. The home must provide information about independent advocacy and must help children to access it. The advocate must be independent of the home and the provider. The home should not filter or control access to advocacy.
Handling complaints fairly and promptly
When a complaint is made, it should be acknowledged, investigated, and responded to within a reasonable timescale. The response should address the substance of the complaint, not just the process. A response that says 'we have investigated and found no fault' without explaining what was investigated and how is not adequate.
The person handling the complaint should be appropriate. A complaint about a staff member should not be investigated by that staff member. A complaint about the manager should be handled by the RI or the provider. A complaint about the provider may need to go to an external body.
Fair handling
Poor handling
Learning from complaints
Every complaint is an opportunity to learn. The home should review complaints to identify patterns, to understand what is not working, and to make changes. A complaint that is handled well but that does not lead to any change has been managed, but not learned from.
Learning should be shared with staff and, where appropriate, with children. If a complaint leads to a change in practice, the children should know that their complaint made a difference. This reinforces that complaining is worthwhile and that the home listens.
- Was the complaint acknowledged promptly and handled by an appropriate person?
- Was the response substantive, addressing the actual concern, not just the process?
- Was the complainant kept informed throughout?
- Was the child offered an advocate if they wanted one?
- What can the home learn from this complaint, regardless of the outcome?
- Are there patterns in complaints that suggest a deeper issue?
- Has the learning been shared with staff and, where appropriate, with children?
- Has the complaint led to a change, or has it just been closed?
Complaints and safeguarding
Some complaints are also safeguarding concerns. A complaint that a staff member has harmed a child, or that a child has been abused, is a safeguarding matter and must be handled under the safeguarding procedure, not just the complaints procedure. The home should have a clear process for identifying when a complaint crosses the threshold into a safeguarding concern.
The two processes are not mutually exclusive. A complaint can be both a complaint and a safeguarding concern. The home should handle both aspects: the safeguarding investigation and the complaint response. The child should not have to choose between making a complaint and raising a safeguarding concern.
Regulation 12: Protection of Children
The safeguarding framework that applies when a complaint is also a protection concern.
Allegations Against Staff, LADO and Whistleblowing
Managing allegations that arise from complaints.
Ofsted and complaints
Ofsted takes complaints about children's homes seriously. Children, parents and professionals can complain directly to Ofsted. Ofsted may use complaints to inform inspection activity and may investigate concerns raised. The home should not try to prevent people from contacting Ofsted.
During inspection, Ofsted will look at how the home handles complaints. Inspectors may look at complaint records, the complaints procedure, the Children's Guide, and how children are supported to complain. Inspectors will be interested in whether complaints lead to change, not just whether they are closed.
A home that has complaints is not a bad home. A home that handles complaints well, learns from them, and makes changes is a good home. A home that has no complaints may not have a good complaints culture; it may have a culture that discourages complaining.
Ofsted inspects complaints handling under the SCCIF. Inspectors may explore how children are supported to complain, how complaints are handled, and whether learning from complaints leads to change. Ofsted can receive complaints directly and may use them to inform inspection. The home should not prevent or discourage anyone from contacting Ofsted.
Common complaints handling mistakes
- Having a complaints procedure that children cannot use or do not know about
- Treating informal concerns as not real complaints because they are not in writing
- Investigating a complaint about a staff member using that staff member
- Responding generically without addressing the substance of the complaint
- Not offering or providing independent advocacy when a child wants it
- Not learning from complaints, just closing them
- Not sharing learning from complaints with staff and children
- Treating a safeguarding complaint as only a complaint, not triggering the safeguarding process
- Trying to prevent people from contacting Ofsted or external bodies
- Assuming that a home with no complaints has a good complaints culture
The complaints test
If a child in this home was unhappy about something, would they know they could complain, feel safe doing so, get a fair response, and see that their complaint made a difference? If not, the complaints system needs work.
Key takeaways
- 01Regulation 39 requires a complaints procedure that is accessible and works, not just one that exists on paper.
- 02A complaint can be made in any way. Informal concerns should be taken seriously, not dismissed for being in the wrong format.
- 03Children must have access to independent advocacy. The home should not act as a gatekeeper.
- 04Complaints should be handled by an appropriate person, not by the person complained about.
- 05Every complaint is an opportunity to learn. A complaint that does not lead to change has been managed, not learned from.
- 06Some complaints are also safeguarding concerns and must trigger the safeguarding process.
- 07A home with no complaints may not have a good complaints culture. A home that handles complaints well is a good home.
Related resources
Guides and tools that connect to this one.
Allegations Against Staff, LADO and Whistleblowing in Children's Homes
A practical deep dive into managing allegations against staff in children's homes in England, covering what counts as an allegation, the four Working…
Regulation 12: The Protection of Children Standard: Safeguarding, Risk, Missing, Exploitation, Allegations and Helping Children Become Safer
A practical guide to Regulation 12 for children's homes in England, covering safeguarding, risk assessment, missing from care, exploitation, self-harm…
Regulation 7: Children's Views, Wishes & Feelings: Listening, Participation, Privacy, Advocacy & Children's Voice
A practical guide to Regulation 7, the Views, Wishes and Feelings Standard, covering children's voice, consultation, advocacy, complaints, privacy, co…
Writing Your Children's Home Statement of Purpose
A Statement of Purpose should answer three fundamental questions: Who is this home for? What are we trying to achieve? How will we actually do it? Reg…
The Children's Guide: What It Must Include and How to Make It Accessible
The Children's Guide helps children understand the home they may be living in and what they can do if something is wrong.
What to do next
Sources and further reading
This guidance references the following official sources. Always consult the underlying legislation and official guidance where appropriate.
Legislation
Children's Homes (England) Regulations 2015 — Regulation 39 (complaints procedure, independence, recording, no reprisal, HMCI 12-month summary, local-authority statutory procedure)
Legislation · Legislation · Regulation 39
Accessed 2026-08-11
Children's Homes (England) Regulations 2015 — Regulations 5, 7, 12, 13, 16, 40, 44 and 45 (related children's rights, safeguarding, leadership, notifications and quality-assurance requirements)
Legislation · Legislation · Regulations 5, 7, 12, 13, 16, 40, 44, 45
Accessed 2026-08-11
Statutory guidance
Guide to the Children's Homes Regulations including the Quality Standards (Department for Education) — complaints, advocacy, Children's Guide, children's rights and leadership learning
Department for Education · Statutory Guidance
Accessed 2026-08-11
Advocacy Services for Children and Young People — A Guide for Commissioners (Department for Education) and Children's Social Care: Getting the Best from Complaints (statutory guidance for the Children Act 1989 Representations Procedure)
Department for Education · Statutory Guidance
Accessed 2026-08-11
Ofsted guidance
Social Care Common Inspection Framework (SCCIF) for children's homes (updated 1 April 2026) — complaints, children's rights, advocacy, accessibility and leadership learning
Ofsted · Ofsted Guidance
Accessed 2026-08-11
Official publications
Children's Commissioner — Help at Hand advice and assistance service for children in care, children living away from home, children with social workers and care leavers
Children's Commissioner for England · Official Publication
Accessed 2026-08-11
About this guidance
The Children's Home Hub provides independent guidance designed to make children's-home regulation easier to understand. The Hub Complaint Record, the Hub Complaint Quality Test, the Hub Child-Friendly Complaint Model, the Hub Complaints Dashboard, the Manager/RI Tests, and the Regulation 39 Audit are Hub practical tools rather than Ofsted-prescribed formats. References to the statutory Guide reflect the Department for Education's Guide to the Children's Homes Regulations including the Quality Standards. References to the current SCCIF reflect the framework updated on 1 April 2026. References to advocacy reflect DfE's statutory guidance on advocacy services for children and young people and Children's Social Care: Getting the Best from Complaints. References to the Children Act statutory complaints procedure reflect the Children Act 1989 Representations Procedure (England) Regulations 2006. References to Help at Hand reflect the Children's Commissioner's current service for children in care, children living away from home, children with social workers and care leavers. References to allegations against staff reflect Resource 32 (Allegations Against Staff, LADO & Whistleblowing). The Regulation 39 complaints procedure, the independence safeguard, the recording requirement, the no-reprisal protection, the HMCI 12-month summary, and the local-authority statutory procedure distinction reflect the Children's Homes (England) Regulations 2015. This resource explains the regulatory framework and practical application; it is not individual legal advice. Complaints about care, local-authority decisions, safeguarding allegations and employment matters can engage different legal processes; the correct pathway should be identified from the facts rather than assuming every concern belongs solely under Regulation 39. This resource should be reviewed when the underlying legislation, statutory guidance, or Ofsted's inspection framework is updated.