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Case ref:201401842
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Date:November 2014
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Body:Children's Hearings Scotland
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Sector:Scottish Government and Devolved Administration
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Outcome:Not upheld, no recommendations
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Subject:complaints handling
Summary
Mr C complained that Children's Hearings Scotland (CHS) had unreasonably failed to investigate his complaints about two children's panel hearings. CHS told Mr C that they were unable to investigate the complaint about the earlier hearing because they were not the body responsible for panel members at the time of that hearing. In relation to the second complaint, CHS said that they cannot normally consider complaints made more than six months after the person has become aware of the matter they wish to complain about. They told Mr C that his complaint about the later panel hearing fell outwith that period, but asked if he had any special circumstances that meant they should waive this restriction. Mr C explained that he had a disability. CHS considered this but decided that this did not, in itself, constitute special circumstances that would justify the waiving of the restriction. They invited Mr C to provide more information if he believed there were circumstances they had not considered. Mr C then complained to us.
We found that the terms of the relevant legislation meant that CHS' decision on the complaint about the earlier panel hearing was correct and that the steps they took in considering whether there were special circumstances in relation to the complaint about the later panel hearing were reasonable. We, therefore, did not uphold Mr C's complaints.