Brighton and Hove Complaints Procedure

FAIRLIGHT

PRIMARY & NURSERY SCHOOL

Complaints Procedures

January 2013

The policy will be reviewed annually and revised where necessary.

Signed ...... Headteacher Date 24/01/13

This policy was endorsed by the Board of Governors at their meeting on 24/01/13

Signed ...... Chair of Governors Date 24/01/13

Date for Review: January 2016

Brighton and Hove Complaints Procedure

Guidance for Headteachers

Intention and purpose

This guidance is intended for headteachers and/or other senior school leaders. Its purpose is to provide a guide through the complaints procedure process to reduce escalation or protraction in the complaints process. It is recommended that this guidance is read in conjunction with the Model School Complaints Policy and Parents’ & Carer’s Brief Guide to School Complaints.

Introduction

From September 2003, governing bodies of all maintained schools and nursery schools in England have been required, under section 29 of Education Act 2002, to have in place a procedure to deal with any complaints relating to the school and to any community facilities or services the school provides. The law also requires the procedure to be published. It is recommended the procedure/policy is put on the school website.

Dealing with complaints – initial concerns

It is helpful to be clear about the difference between a concern and a complaint. Dealing with initial concerns promptly and fully at the earliest stage can do much to prevent escalation into a more formal complaint. Checking with the individual how they would like to see the issue resolved (although no guarantees should be made that this is what will happen) can help to prevent escalation of the situation.

Definition of a complaint

A complaint, within the terms of this guidance, is usually any communication made more formally in writing (letter or email), beyond the level of concern. In the main this will mean parents or carers at the school but may include neighbours of the school or members of the local community.

Minimising the volume of complaints

Wherever possible try to resolve concerns informally and as quickly and effectively as possible, so they do not escalate into complaints. This can be beneficial to all involved. However, it has to be acknowledged that responding to complaints can be stressful and time consuming for the headteacher. Depending on the nature of the complaint, it can seem to be personal if it is against yourself or feels so, if about a member of your staff. It is important, therefore, to try and minimise complaints in the first place. Here are some simple and fairly obvious steps you can take to do this:

·  Be open and transparent with information about all school policies and procedures. Be clear in your prospectus about what documentation parents are allowed to see and where they can access these.

·  Ensure you are familiar with the detail of the school’s complaint procedure – particularly of the various stages involved and when it is appropriate to refer the person to the next stage.

·  Publicise clearly your arrangements for handling parental concerns and be open and confident in inviting feedback about the service you provide. Make sure that the information is in your school prospectus and published on the website, referring to the Parents’ and Carers’ Brief Guide to School Complaints and the School Complaints Policy.

·  Ensure that ALL school staff (including mid-day supervisors, admin and site management staff and any member of staff working part-time) are aware of these and any other relevant school policies and procedures, in particular, any that may impact on the complaints process such as Health and Safety, Anti-Bullying and Behaviour etc.

·  Remain open-minded, avoid going into denial about incidents that appear to cast the school in a poor light. No school is perfect! Things do happen in spite of the policies and procedures in place to try and prevent them. Where appropriate, an early acknowledgement and empathetic response and reassurance that you have procedures in place that will be reviewed, if necessary, will do much to prevent escalation. However, do not go into any details about action that may involve an individual member of staff.

·  Encourage an appropriate record keeping culture. The smallest of things mentioned to staff may lead on to something bigger. Have a simple, manageable system for staff to record any discussions that they feel might escalate – accurate and thorough record keeping is crucial with regard to managing complaints.

General advice to support yourself

·  Don’t withdraw and feel isolated – seek early advice and personal support, in confidence, from an experienced and trusted colleague.

·  Although the governing body will not be aware of details of complaint cases, it needs to be made aware of the impact that complaints against the school, members of staff and the headteacher personally can have, particularly on the headteacher. The governing body may need to be reminded from time to time of the importance of ensuring its duty of care towards the headteacher is being fulfilled.

·  Seek early advice from your professional association and keep them informed. Retain life-long membership with your professional association in the event of claims being made many years later.

·  Where appropriate alert the Head of Advisory Service about the possibility of a complaint and direct the chair of governors to the Governor Support Team for advice.

·  Keep and/or collect notes of anything you think is directly or even indirectly related to the matter. Remember any form of written communication may be required under the Freedom of Information Act. Keep things factual.

·  Keep all documentation relating to complaints securely on the pupil’s record for 25 years from the date of birth of the child.

How to listen to complaints:

Avoid using email to respond / It is much better to interact face to face in the earlier stages. Issues can be explored fully and clarified. The complainant feels they are being taken seriously.
The meeting / It is important to have a record of the complaint and any outcome. Have anther member of staff attend the meeting with the complainant to take notes. If this can’t be done, make a file note as soon as possible. Keep all documentation securely at the school, not at home. Make sure that at the meeting everyone introduces themselves (including you).
Avoid taking the complaint personally / To an angry or upset person YOU are the school, and the only one they can put their feelings to right now.
Stay cool and calm / Do not argue with the person – be polite and aim to find out exactly what the person thinks is going wrong.
Keep them calm / Sit the complainant down somewhere quiet and confidential to hear what they have to say.
Check you are being understood / Make sure that the person understands what you are saying. Avoid using jargon – it can cause confusion and annoyance to someone ‘not in the know’.
Avoid rushing and take time to find out exactly what the problem is / Take your time. Let people have their say and let off steam if they need to. Listen carefully and sympathetically to their problems before replying and attempting to find a solution or offer a next step. Try to ascertain what the person thinks would help to resolve the issue from their point of view.
Avoid passing the buck / Avoid transferring an angry person from one place to another. Make sure you know the contact person for anything you cannot deal with yourself.
Avoid being flippant / First impressions count. You and the school may be judged on your immediate reaction.
Treat all complaints seriously and individually / However small or trivial it may seem to you, the complaint will be an important problem for anyone who takes the trouble to complain. Even if you have already received several similar complaints, it is probably the person’s first chance to have their say.
Clarify what will be the next steps / Ensure the complainant is aware of the next steps although details are not given at this stage.

Investigating complaints

It is suggested that at each stage, the headteacher (or their nominated representative) investigating the complaint makes sure that they:

·  Establish what happened so far, and who has been involved

·  Clarify the nature of the complaint and what remains unresolved

·  Meet the complainant or contact them promptly (if unsure or further information is necessary)

·  Interview those involved in the matter and/or those complained of, allowing them to be accompanied if they wish (ensure a note taker is present)

·  Conduct the interview with an open mind and be prepared to persist in the questioning

·  Keep notes of the interview

·  Where possible adhere to agreed timescales for responding but if these need to change make sure that the people involved are kept informed

Resolving complaints

At each stage in the procedure schools will want to keep in mind ways in which a complaint can be resolved. It might be sufficient or necessary 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 empathetic response

·  an explanation

·  an acknowledgement that the situation could have been handled differently or better

·  an explanation of the steps that have been taken to try and ensure that it will not happen again – however, this must not include any information about any action taken involving a member of staff

·  an undertaking to review the school policies in the light of the complaint

What is not covered by the school complaints policy

·  Complaints about the national curriculum entitlement and collective worship – these should be directed to the governing body and then to the local authority

·  Pupil admissions – to be directed to the Admissions Team at local authority

·  Pupil exclusions – appeals to be heard by a Governors’ Exclusions Panel

·  SEN Statement Appeals – contact the SEN Team at local authority on 01273 293552

·  Issues relating to child protection – in the first instance contact the Local Authority Designated Officer for Child Protection: Maggie Baker on 01273 293760

·  Employee grievances/disciplinary/dismissal – refer to the Schools’ Personnel Handbook for the process. Where the complaint results in a staff grievance or disciplinary it is important that the school follows the appropriate procedures and that the complainant should not be given any details of the action involving an individual member of staff.

·  Criminal investigations – refer to the police

·  Ofsted have some powers to investigate concerns, but they do suggest the complainant discusses their worries directly with the school in the first instance. For more information go to http://www.ofsted.gov.uk/schools/for-parents-and-carers/how-complain or tel 0300 123 4666

Quick reference guide on responding to complaints, stage by stage

Please refer to the Model Complaints Policy for more detail about the roles and responsibilities of the various people involved in the complaints process.

Stage 1
Complainant discusses concerns with appropriate member of staff (unless they are the cause of the complaint)
Commentary/guidance / Steps to take
Staff member receiving the concerns makes the complainant clear what action (if any) or monitoring of the situation has been agreed, putting this in writing only if this seems the best way of making things clear. The staff member may refer the complainant to a more appropriate person. Member of staff makes a note of meeting, key points, agreed actions etc. and gives a copy to the headteacher (HT).
If the matter is not resolved it is then referred on to the HT at Stage 2. Complainants may choose to contact the HT directly (Stage 2). In these cases it is at the HT’s discretion as to whether it is appropriate to return to Stage 1.
If the complaint is against the HT the complainant is directed to write/contact the chair of governors at the school. / ·  Relevant member of staff meets with complainant and seeks to resolve issue
·  Member of staff keeps a record as appropriate
·  Copy of any records given to HT
·  HT must see any written correspondence from the member of staff BEFORE it is sent to complainant
·  If not resolved, HT instigates Stage 2
Stage 2
Referral to the headteacher (chair or nominated governor may also be involved at this stage but this would preclude their involvement at a later stage)
Commentary/guidance / Steps to take
HT or their representative acknowledges complaint in writing within five school working days, sends them a complaints form (Appendix 2 Model Complaints Form) and arranges to see the complainant.
If the complaint is against the HT the process is carried out by the chair of governors or their nominated representative.
The meeting is an opportunity to gather further supplementary information and to clarify what the complaint is about.
The HT (may consult with the chair of governors) will conduct an investigation within 15 school working days and then feedback to the complainant (HT may wish to meet again with the complainant during this time if this is considered helpful). If timescales can not be adhered to contact should be made as soon as possible with the complainant to discuss amendment.
Any member of staff, including HT, has the right to be accompanied by a union representative at any meetings.
Full records of any meetings should be kept and agreed actions to be taken and what will not be done, giving the reasons why.
If the issue is not resolved the complainant is directed to the chair of governors who will convene a Governors’ Complaints Panel for investigation at Stage 3. / ·  HT acknowledges complaint (Appendix 3 Model Letter 1a) and sends it with a complaints form.
·  HT alerts chair of governors (or a nominated governor) and works with them throughout this stage. This would preclude this governor being involved at a later stage
·  Meet complainant with chair of governors in attendance if possible
·  HT ensures an understanding of the exact nature of the complaint
(Appendix 3 Model Letter 2a Stage 2)