RNIB Three Spires AcademyComplaints and Concerns policy
1. General
This procedure applies to general concerns or complaints that are received by RNIB Three Spires Academy. RNIB Specialist Learning Trust has separate procedures for complaints or appeals about the curriculum, special educational needs provision, exclusions, and admissions. Disciplinary action, grievances, capability issues, child protection or criminal investigations are also dealt with through separate specific procedures.
Anonymous concerns or complaints cannot be dealt with under this procedure.
Every effort should be made to resolve concerns or complaints informally through discussions with the member of staff concerned or the Headteacher.
If the complaint is about the way in which the Academy has dealt with a complaint or if the complaint is about the Headteacher the matter should be referred to RNIB Specialist Learning Trust or a panel set up by RNIB Specialist Learning Trust. See ‘Management of Stages’ for guidance.
Each stage of the procedure should normally be exhausted before a complaint is referred to the next stage.
Any complaint raised more than three months after any linked decision, outcome or action will not be considered. The only exception will be if the delay in submitting the complaint was unavoidable, or if something that was originally unknown has come to light since.
The timescales in this procedure are those expected in normal circumstances, these may be increased if the complaint is detailed and/or requires an extensive investigation. If a complaint is made on the last day of term prior to a school holiday period the timelines indicated will not be followed. The complainant will be informed in writing of any variations to the timescales and given a revised timetable for resolving their complaint.
Where complainants or members of staff are invited to a planned meeting either as part of the investigation or of the Complaints Panel they may be accompanied by a friend or representative.
2. Procedure
Summary of Procedures:
Stage 1 – An Informal Discussion
Stage 2 – Complaint Heard by Headteacher
Stage 3 – Complaint Heard by Independent Complaint Panel
Investigating Complaints
At each stage, the person dealing with the complaint should 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 things right
· Interview those involved in the matter and/or those complained of, allowing them to be accompanied if they wish
· Conduct the interview with an open mind
Resolving Complaints
At each stage in the procedure the Academy will consider ways to resolve a complaint. It might be sufficient to acknowledge that the complaint is valid in whole or in part. In addition, 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 academy policies in light of the complaint.
In addition, the complaint can also be dismissed if found to be unwarranted or unjustified.
Managing and Recording Complaints
If concerns are not resolved at Stage One, Stage Two will need to be initiated. To do this please complete the complaints form at Appendix B is completed. The Academy can provide support for this if needed. This policy is intended to cover all complaints against the academy regardless of whether it is related to parents or students attending the school Board of Governors. The Board of Governors will monitor the level and nature of complaints across the schools and review the outcomes on a regular basis to ensure the effectiveness of the procedure and make changes where necessary.
Stage 1 – Informal concerns/complaints
Concerns or complaints should initially be directed to the appropriate Academy staff member. We do not impose a timescale on this Stage although all issues should be resolved as quickly and effectively as possible.
The complainant and member of staff should discuss the concern/complaint with the aim of resolving it informally. The member of staff will record details of the concern/complaint and try to identify what action/outcome the parent/carer is looking for using the form at Appendix A.
If the person is unsatisfied then they should refer to Stage 2.
Where the first approach is made to a governor, the next step must be to refer the complainant to the appropriate person and advise them about the procedure. Governors must not be involved in the early stages in case they are needed to sit on a panel at a later stage of the procedure.
Stage 2 – Complaint Heard by the Headteacher
If a complaint cannot be resolved at Stage 1 the complaint should be put in writing using the form at Appendix B and sent to the Headteacher (or Chair of Governors) within 10 days of the conclusion of Stage 1. (If the complaint is against the Headteacher, Stage 2 will be carried out by the Chair of the Board of Governors.
The Headteacher will:
· Acknowledge the complaint within 5 working days.
· Investigate the complaint and then decide how best to resolve it within a further 10 working days. If the concern relates to a pupil’s behaviour, parents will not be invited to attend however parents will be asked to discuss any other concerns. Written records of meetings, telephone calls and other documentation will be kept.
· Provide a written response outlining how the investigation was conducted and the outcome of the complaint, as well as offering the complainant the opportunity to discuss the outcome if appropriate. This should be within 5 working days of completing the investigation.
· Advise the complainant that if they are dissatisfied with the outcome their complaint they can ask for this to be considered by a Stage 3 panel.
If the Headteacher is not able to resolve the complaint and/or the complainant is dissatisfied with the outcome from the investigation the complaint should be dealt with under Stage 3.
Stage 3 – Independent Panel
If the complainant is dissatisfied with the Stage 2 outcome they should write within 10 days of the notification of the Stage 2 outcome to the Academy Chair of Governors stating why and requesting that their complaint is referred to a Panel. The complainant should complete the reporting form at Appendix C. Anything received after 10 days will be referred back to Stage 1.
The Chair of the Governing Body will acknowledge receipt of the request within 5 working days.
A meeting of the Panel will be convened within 20 working days of the request. It is important that Stage 3 of a complaint hearing is independent and impartial and, that it is seen to be so. The academy will ensure that all members of the panel will have had no prior involvement in the complaint. We will also ensure that at least one member of the panel will be independent of the management and running of the school. The Headteacher will be invited to the hearing. Involvement of other staff is subject to the discretion of the panel.
The hearing will allow for:
· The complainant to explain their complaint and for the Headteacher to explain the academy’s response.
· The panel to question the complainant and Head via the Chair of the panel.
· Any party has the right to call witnesses.
· Final statements by both the complainant and Headteacher.
The Panel will consider whether to:
· dismiss the complaint in whole or in part;
· uphold the complaint in whole or in part;
· decide on the appropriate action to be taken to resolve the complaint;
· recommend changes to the school’s systems or procedures to ensure that problems of a similar nature do not recur.
The Panel will take into account whether the complaint has been handled properly and reasonably in accordance with this procedure and whether the Stage 2 outcome was reasonable and appropriate.
The complainant should be informed of the Panel decision in writing within 7 working days. The decision of the Panel is Final.
The role of the Local Authority
The Local Authority has no statutory role in resolving external complaints about the actions of Trust staff. There is no further or wider appeal to the Local Authority.
Secretary of State
A complaint may be made to the Secretary of State for Education on the grounds that a governing body has acted or is proposing to act unreasonably, or that the governing body has failed to discharge its duties under legislation.
The complaint should set out fully the concerns and reasons why the complaint is being submitted, enclosing all previous correspondence relevant to the complaint. Complaints to the Secretary of State should be made in writing via the Education Funding Agency. The EFA’s procedure for handling complaints can be accessed at:
https://www.education.gov.uk/schools/leadership/schoolperformance/school-complaints-form
Unreasonable ComplaintsA complaint may be regarded as unreasonable when the person making the complaint: · Refuses to articulate their complaint or specify the grounds of a complaint or the outcomes sought by raising the complaint, despite offers of assistance. · Refuses to co-operate with the complaints investigation process while still wishing their complaint to be resolved. · Refuses to accept that certain issues are not within the scope of a complaints procedure. · Insists on the complaint being dealt with in ways which are incompatible with the adopted complaints procedure or with good practice. · Introduces trivial or irrelevant information which the complainant expects to be taken into account and commented on, or raises large numbers of detailed but unimportant questions, and insists they are fully answered, often immediately and to their own timescales. · Makes unjustified complaints about staff who are trying to deal with the issues, and seeks to have them replaced · Changes the basis of the complaint as the investigation proceeds · Repeatedly makes the same complaint (despite previous investigations or responses concluding that the complaint is groundless or has been addressed). · Refuses to accept the findings of the investigation into that complaint where the school’s complaint procedure has been fully and properly implemented and completed including referral to the Department for Education · Seeks an unrealistic outcome · Makes excessive demands on school time by frequent, lengthy, complicated and stressful contact with staff regarding the complaint in person, in writing, by email and by telephone while the complaint is being dealt with. A complaint may also be considered unreasonable if the person making the complaint does so either face-to-face, by telephone or in writing or electronically: · Maliciously · Aggressively · Using threats, intimidation or violence· Using abusive, offensive or discriminatory language · knowing it to be false · using falsified information · Publishing unacceptable information in a variety of media such as in social media websites and newspapers. Complainants should limit the numbers of communications with the school while a complaint is being progressed. It is not helpful if repeated correspondence is sent (either by letter, phone, email or text) as it could delay the outcome being reached. Whenever possible, the headteacher or Chair of Governors will discuss any concerns with the complainant informally before applying an ‘unreasonable’ marking. If the behaviour continues the headteacher will write to the complainant explaining that their behaviour is unreasonable and asking them to change it. For complainants who excessively contact the school causing a significant level of disruption, we may specify methods of communication and limit the number of contacts in a communication plan. This will usually be reviewed after 6 months. In response to any serious incident of aggression or violence, the concerns and actions taken will be put in writing immediately and the police informed. This may include banning an individual from the academy site.
Barring from the School Premises
Although fulfilling a public function, schools are private places. The public has no automatic right of entry. Schools will therefore act to ensure they remain a safe place for pupils, staff and other members of their community. If a parent’s behaviour is a cause for concern, a school can ask him/her to leave school premises. In serious cases, the headteacher or the local authority can notify them in writing that their implied licence to be on school premises has been temporarily revoked subject to any representations that the parent may wish to make. Schools should always give the parent the opportunity to formally express their views on the decision to bar in writing. The decision to bar should then be reviewed, taking into account any representations made by the parent, and either confirmed or lifted. If the decision is confirmed the parent should be notified in writing, explaining how long the bar will be in place. Anyone wishing to complain about being barred can do so, by letter or email, to the headteacher or Chair of Governors. However, complaints about barring cannot be escalated to the Department for Education. Once the school’s own complaints procedure has been completed, the only remaining avenue of appeal is through the Courts; independent legal advice must therefore be sought.
Agreed by SLTSigned: R Jones
Date: 21.09.17 (revision policy)
Reviewed Dates / Amendments
Policy revised under guidance from EFA July 2017 / Revision of Stage 3
Addition of malicious complaints and barring from premises.