COMPLAINT MECHANISMS AVAILABLE TO CHILDREN DEPRIVED OF LIBERTY Minor complaints or requests can generally be dealt with efficiently and effectively through informal mechanisms, such as mediation. These “light touch” approaches which are flexible should be encouraged, where appropriate, for the rapid and win-win solution they offer to the parties. More formal complaints should trigger an effective investigative procedure: for internal complaints, this might involve a review of documents by the institution’s director, hearing from the child or children concerned as well as other witnesses including staff members, hearing from medical and other experts and requesting information from other authorities. Good practice would involve site visits to facilities by the head of the institution particularly where the allegation requires immediate intervention, for example with a complaint of violence or abuse. For external complaints mechanisms, investigative and procedural processes should – at a minimum – include the right of the child or children to be heard in person in compliance with Article 12 of the CRC. External complaints mechanisms should also call witnesses and request expert opinions, allow children to be legally represented and have access to relevant case files. Complaint mechanisms should have the power to take appropriate legal or other action, such as compensating the victim for damages suffered and/or initiating disciplinary or civil proceedings against officials, with the consent of the child and/ or his or her parents. When necessary, complaint mechanisms should refer the complaint to the prosecutor for criminal investigation and prosecution. In practice, many Ombudspersons can often only issue non-binding recommendations to detention authorities and this can be an ineffective form of remedy if these recommendations are not then considered and implemented. Professionals who work with children deprived of their liberty need to be welltrained in the role that complaints mechanisms can play in creating an orderly, safe and transparent institution and their value in initiating mediation, which can contribute to preventing more serious complaints and violations of children’s rights arising. A comprehensive complaints policy should also reassure staff that investigations into complaints will be impartial and fair. There should be a formal, transparent and accessible procedure for children to complain of torture or cruel, inhuman or degrading treatment. They must be able to access this procedure without fear of recrimination and with access to an independent authority. Such allegations should be referred, without delay, to a prosecuting body which is independent from those implicated in the events. 151 6