39.—(1) Subject to paragraph (6), the registered person must establish a procedure for considering complaints made by or on behalf of children.
(2) In particular, the procedure must provide that no person who is the subject of a complaint takes any part in its consideration or investigation, except at the informal resolution stage if the registered person considers it appropriate.
(3) The registered person must ensure that a record is made of any complaint, the action taken in response, and the outcome of any investigation.
(4) The registered person must ensure that no child is subject to any reprisal for making a complaint or representation.
(5) The registered person must supply to HMCI, at HMCI’s request, a statement containing a summary of any complaints made during the preceding twelve months and the action that was taken in response to each complaint.
(6) This regulation (apart from paragraph (4)) does not apply to any matter to which the Children Act 1989 Representations Procedure (England) Regulations 2006 apply.