Complaints Procedure for Oldfield Primary School

Complaints Procedure for Oldfield Primary School

Headteacher: Mr Richard Jarrett

01628 621750

Chair of Governors: Mrs Vivien Williams

01628 621750

Oldfield School Complaints Procedure : contents

COMPLAINTS “TRIAGE”

For complaints marked with an asterisk, confidentiality and discretion are absolute prerequisites. Therefore, detail on these complaints or their outcomes will not be provided to anyone except with the express agreement of staff, governors or, where applicable volunteers directly involved at the school.

Complaint / First Point of Contact / Route for Response
Delivery of the national curriculum, religious education or collective workshop / Headteacher or nominated complaints’ officer / School complaints procedure applies but complainant has further right of appeal to the Local Authority
*Complaint by member of school staff / Potentially Headteacher but contact school’s HR provider asap if any doubt / Potentially school grievance procedure
*Complaint about a pupil exclusion / Local Authority / Statutory right to make representations about fixed term exclusions to Governors’ Pupil Discipline Committee. Right of appeal to independent panel for permanent exclusion
Non-admission of pupil to school / Local Authority / LA Policy on school admissions with right of appeal to independent panel if admission refused
*Child Protection / Headteacher or Local Authority / LA Child procedures apply – contact Lead Officer for Child Protection
Provision for a pupil with special education needs (whether with or without a statement of special educational needs) / Headteacher, nominated complaints’ officer or Special Needs Coordinator / School complaints procedure applies but complainant has further right of appeal to the Local Authority
Content of statement of special educational needs / Local Authority Special Education Needs Department of the Local Authority in which the complainant lives / Statutory procedures apply, administered by the Local Authority
*Pupil discipline short of exclusion / Headteacher or nominated complaints’ officer / School Behaviour Policy and procedure
Extended Services / Manager of service / Procedures of service provider
Governing body decision to ban a person from entering the school (except where an injunction has been obtained) / Clerk to the Governing Body / Relevant governing body committee
*Non - selection of pupil for a school team or production / Headteacher or nominated complaints’ officer / School complaints procedure
*Pupil-on-pupil behaviour (e.g. bullying) / Class-teacher or headteacher / School behaviour policy and procedure
*Perceived lack of staff capability / Headteacher or Chair of Governors if concerns in relation to headteacher / School capability procedure
*Perceived unreasonable exercise of discretion by headteacher, e.g. refusal to accept a volunteer or to sign a passport application / Headteacher or Chair of Governors / School complaints procedure
Complaint regarding the governing body / Headteacher or Clerk to the Governing Body / School complaints procedure
Refusal to provide personal information on a pupil to someone other than a parent or guardian / Headteacher / The Data Protection Act will apply and a charge may be made if the information can be released. If the information cannot be released, any appeal will need to be within the provisions of the Act. There is an application process on which the Authority will be able to advise.
Refusal to provide published information / School office / The Freedom of Information Act will apply and a charge may be made if the information can be released. If the information cannot be released, any appeal will need to be within the provisions of the Act. There is an application process on which the Authority will be able to advise.

Those wishing to access the school’s complaints procedure, having referred beforehand to the

table below will first be required to complete the form provided once the complaint reaches Stage Three

Dealing with Complaints – Initial concerns

We need to be clear about the difference between a concern and a complaint. Taking informal concerns seriously at the earliest stage will reduce the numbers that develop into formal complaints. Concerns ought to be handled, if at all possible, without the need for formal procedures. The requirement to have a complaints procedure need not in any way undermine efforts to resolve the concern informally. In mostcases the class teacher will receive the first approach. It would be helpful if staff were able to resolve issues on the spot, including apologising where necessary.

Dealing with Complaints – Formal procedures

The formal procedures will need to be invoked when initial attempts to resolve the issue are unsuccessful and the person raising the concern remains dissatisfied and wishes to take the matter further.

The school’s complaints co-ordinator is the Headteacher, who should be kept informed even at the concern stage.

Framework of Principles

Should formal procedures need to be applied our complaints procedures will adhere to the following principles:

• encourage resolution of problems by informal means wherever possible;

• be impartial;

• be non-adversarial;

• allow swift handling with established time-limits for action and keeping people informed of

the progress;

• ensure a full and fair investigation (by an independent person where necessary);

• respect people’s desire for confidentiality;

• address all the points at issue and provide an effective response and appropriate redress, where necessary.

Investigating Complaints

The person investigating the complaint (usually the complaints co-ordinator), must ensure that they:

• establish what has happened so far, and who has been involved;

• clarify the nature of the complaint and what remains unresolved;

• meet with the complainant or contact them (if unsure or further information is necessary);

• clarify what the complainant feels would put thingsright;

• Interview those involved in the matter and/or thosecomplained of, allowing them to be

accompanied if they wish;

• conduct the interview with an open mind and be prepared to persist in the questioning;

• keep notes of the interview.

Resolving Complaints

At each stage in the procedure ways need to be sought to resolve the complaint. It may be appropriate to offer

One or more of the following:

• an apology;

• an explanation;

• an admission that the situation could have been handled differently or better;

• an assurance that the event complained of will not recur;

• an explanation of the steps that have been taken to ensure that it will not happen again;

• an undertaking to review school policies in light of the complaint.

It would be useful if complainants were encouraged to state what actions they feel might resolve the problem at any stage. An admission that the school could have handled the situation better is not the same as an admission of negligence

.

Time-Limits

Complaints need to be considered, and resolved, as quickly and efficiently as possible. Realistic time limits for each action must be established within each stage. However, where further investigations are necessary, new time limits can be set and the complainant sent details of the new deadline and an explanation for the delay.

Cut-Off Limits

It is arguably reasonable to expect parents to make a complaint as soon as possible after an incident arises, but there are many good reasons why a parent has not made a complaint earlier (e.g they were gathering further information to support their complaint or they were not fully aware of the implications of an incident until a later date)

Managing and Recording Complaints

It is imperative to record the progress of the complaint and the final outcome. A complaint may be made in person, by telephone, or in writing. At the end of a meeting or telephone call, it would be helpful if the member of staff ensured that the complainant and the school have the same understanding of what was discussed and agreed. A brief note of meetings and telephone calls must be kept and a copy of any written response added to the record.

The Headteacher is usually responsible for the records. Where the complaint is of a religious nature the matter will also be referred to Department for Schools as well as the Local Authority.

Governing Body Review

The Governing Body can monitor the level and nature of complaints and review the outcomes on a regular basis to ensure the effectiveness of the procedure and make changes where necessary. Complaints information shared with the whole Governing Body will not name individuals.

Publicising the Procedure

The Complaints Procedures will be publicised in theschool prospectus and on the school’s website.

Oldfield School will also work within the guidelines of the DfE, Best Practice Advice for School Complaints Procedures 2016.

STAGE ONE:
INFORMAL
Complainant to proceed to Stage 2 by informing the school within 10 school working days / Expression of concern to member of staff/ Response within 5 School Days
Satisfactory outcome reached?

No go to Stage 2YesNo further action
STAGE TWO:
HEADTEACHER’S INVESTIGATION
Complaint to proceed to Stage 3 by informing the school within 10 school working days / Complainant makes verbal/written complaint to the Headteacher

Investigation conducted and outcome reported to complainant. Response within 3 school days

Satisfactory outcome reached?

No go to Stage 3 Yes No further action
STAGE THREE:
CHAIR OFGOVERNORS/GOVERNORS
INVESTIGATION
(By 3 governors or the chair)
Complaint to proceed to Stage 4 by informing the school within 10 school working days / If the complainant is not satisfied with the response of the Headteacher of the complaint is about the Headteacher, the complainant should write to the Chair of Governors to request that their complaint is considered further.
Investigation conducted and outcome reported to complainant.

Satisfactory outcome reached?

No go to Stage 4 Yes No further action
STAGE FOUR:
GOVERNORS’
COMMITTEE / If the complainant is not satisfied with the response of the Chair. The complainant usually needs to write to the Clerk to the Governing Body giving details of the complaint and asking that it is put before the appeal panel (Response within 5 School Days). The Chair, or if the Chair has been involved at any previous stage in the process, a nominated governor will convene a GB Complaints panel.
The governors’ appeal hearing is the last school-based stage of the complaints process and is not convened merely to rubber-stamp previous decisions
FINAL STAGE: FURTHER RIGHT OF PROGRESSING COMPLAINT
The Chair of the above Panel needs to ensure that the complainant is notified of the panel’s decision, in writing, with the panel’s response (including the reasons for the decision); this is usually within a set deadline which is published in the procedure. The letters needs to explain if there are any further rights of appeal and, if so, to whom they need to be addressed. This may be the LA or Diocesan Board.
The final stage of appeal is to the Secretary of State for Education.
Complainants should be advised to write to The School Complaints Unit (SU) at:
Department of Education, 2nd Floor, Piccadilly Gate, Manchester, M1 2WD

. STAGES IN RESPONDING TO A COMPLAINT

Dealing with Complaints – Formal procedures

The Formal Complaints Procedure

The Stages of Complaints

• Stage One: complaint heard by staff member;

• Stage Two: complaint heard by Headteacher;

• StageThree: complaint heard by Chair of Governors or 3 Governors

• Stage Four: complaint heard by Governors’ Appeal Panel

Stage One: Complaint heard by Staff Member (informal)

It is in everyone’s interest that complaints are resolved at the earliest possible stage. The experience of the first contact between the complainant and the school can be crucial in determining whether the complaint will escalate.

The views of a complainant who indicates that he/she would have difficulty discussing a complaint witha particular member of staff must be respected. In these cases, the complaints co-ordinator can refer the complainant to another staff member. Where the complaint concerns the Headteacher, the complaints coordinator can refer the complainant to the Chair of Governors.

If the member of staff directly involved feels too compromised to deal with a complaint, the Headteacher may consider referring the complainant to another staff member. The member of staff may be more senior but does not have to be. The ability to consider the complaint objectively and impartially is crucial.

Where the first approach is made to a governor, thenext step would be to refer the complainant to theappropriate person and advise them about the procedure. It would be useful if governors did not act unilaterally on an individual complaint outside theformal procedure or be involved at the early stages, in case they are needed to sit on a panel at a later stage of the procedure. A response must be made within five school working days

Stage Two: Complaint Heard by Headteacher (formal)

At this point, the complainant may be dissatisfied with the way the complaint was handled at Stage Oneas well as pursuing their initial complaint.The complainant should inform the Headteacher of the complaint, in writing, within ten school working days. The Headteachermay delegate the task of collating the informationto another staff member but not the decision on the action to be taken. An investigation is conducted and outcome reported to the claimant within three school working days.

Stage Three: Complaint Heard by3 Governors or the Chair (formal)

If the Complainant is not satisfied with the response of the Headteacher, or the complaint is about the Headteacher, the complainant should complete and return a Complaint Form to the Chair of Governors to request that their complaint is considered further within ten school working daysof the completion of Stage Two. Individual complaints will not be heard by the whole Governing Body at any stage, as this could compromise the impartiality of any panel set up fora disciplinary hearing against a member of staff following a serious complaint. An investigation is conducted and outcome reported to the complainant.

Stage Four: Governors Appeal Committee (formal)

If the complainant is not satisfied with the response of the Chair, the Complainant needs to write to the Clerk to the Governors withinten school working days giving details of the complaint and asking that it is put before the appeal panel (response withinfive school working days). The Clerk would acknowledge receipt of the request and immediately inform the Headteacher and the Chair of Governors. The Chair or if the Chair has been involved at any previous stage in the process, a nominated governor will convene a Governing Body Complaints Panel. The clerk asks for the Headteacher, nominated Governor/s and complainant to submit documentation/statement. Within ten schools working days the Clerk would send the full pack of documentation to the Headteacher, nominated Governor/s and complainant. This should be done five school working days before the Appeal Panel meeting.

The Governors’ Appeal hearing is the last school-based stage of the complaints process and is not convened merely to rubber-stamp previous decisions. Individual complaints would not be heard by the whole governing body at any stage as this could compromise the impartiality of any panel set up for a disciplinary hearing against a member of staff following a seriouscomplaint.

The Governing Body may nominate a number of members with delegated powers to hear complaints at that stage and set out its term of reference. These can include:

• Drawing up its procedures
• Hearing individual appeals
• Making recommendations on policy as a result of complaints

If the Governing Body committee already has delegated powers to consider and take a decision on the complaint in question, the committee should be convened. If such a committee has not been set up, a committee of three governors will need to be established. No Governor who has previously been involved in the complaint or who may have a conflict of interest (including any pecuniary interest) should take part.

All complaints that reach this stage will have done so because the complainant has not been satisfied by the response at Stage Two and Three. The committee should identify clearly why the complainant feels his or her case has not been resolved satisfactorily. The complainant should base this submission on evidence or supported by witness statements.

Following receipt of the Stage Four notification, the procedures outlined below will need to be followed:

• The acknowledgement will inform the complainant that the matter will be considered by the complaints committee within twentyschool working days of receiving the request. The whole procedure should be completed up to and including the Review Panel meeting ideally within thirty school working days.

• The letter will also explain that the complainant and the Headteacher (or whoever considered the matter at Stage Two) have the right to submit any further documents relevant to the complaint. There may be witnesses for either the complainant or for the school and statements signed by any witnesses should be included in the documentation to be submitted. Both parties should send further documentation to the clerk at least eightschool working days before the meeting. Witnesses would need to attend the meeting.

• The complainant, committee members and the (Headteacher) should receive any relevant documents at least fiveschool working days prior to the meeting. The notification to the complainant should also inform him/her of their right to be accompanied to the meeting by a friend, relative and/or interpreter. The letter should also explain how the meeting would be conducted.

• The committee should elect a Chair for the hearing. Clearly, the Headteacher or other member of staff should not be a member of the complaints committee. Governing bodies should have regard to the need for ethnic, gender or other mix of members as appropriate.

• It is the responsibility of the Chair of the committee to ensure that the meeting is properly minuted.

• An officer from RBWM can be invited to advise the committee.

The committee’s remit is to determine one or more of the following as an outcome: