COMPLAINTS POLICY
Name of Responsible person / Head Teacher
Version Number / Date of Issue
Original / June 2011
Ratified by Governing Body / July 2011
Ratified by Governing Body / March 2014
Signed
Position / Chair of Governors
Review Period / Annually, March
Introduction
Policy Statement
Waterside Primary School
At Waterside School we encourage parents/carers to express their views on the workings of the school. The vast majority of concerns are usually resolved with a word to the appropriate member of staff. However, occasionally that doesn’t work and the matter needs to be taken further, this policy should assist on those occasions.
We aim to:
· Respond to all complaints in an open, non-defensive and consistent manner.
· Resolve concerns at the earliest stage through informal talks.
· Be speedy in our handling of the complaint.
· Focus on resolving the matter and ensuring that it is not repeated rather than seeking blame.
· Ensure confidentiality and discretion for all parties (this includes staff).
· Ensure the complainant is aware of the complaints procedure and keep them informed throughout the process.
· To ensure a response specific to your complaint rather than a standard reply.
This policy does not cover complaints of the following nature:
· The LEA's decision on special educational needs (SEN) assessments and school placements.
· School admissions and transfers
· Exclusions
· Employment.
· Staff discipline
· Financial impropriety or criminal activity
· Alleged child abuse, in this case action must follow Hampshire County Council's Child Protection Guidance through the Child Protection Officer in the school. In this case it is The Head teacher.
Waterside Primary School
Complaints Procedure
How to Proceed with a Complaint.
To proceed with a complaint there is a simple step-by step process that is laid out in the flow diagram, and detailed in the sections below. Each step needs to be taken in turn until the matter is resolved.
Step I – The Informal Stage.
· We encourage parents/carers to speak informally with the relevant member of staff (usually the class teacher) as quickly as possible.
· The staff member will listen to the concern and either respond immediately or if necessary investigate and report back as soon as possible.
· This stage is usually dealt with verbally.
· If the concern regards the Head Teacher we encourage parents to discuss it with the Head Teacher in the first instance – if this is not possible they need to proceed directly to Step 2B and address their complaint to the Chair of Governors.
If the matter has not been resolved the parent needs to continue to the next step.
Step 2- The Formal Stage.
Step 2A - Complaining to the Head Teacher.
· A formal written complaint needs to be sent to the Head Teacher, giving details of the concern and enclosing any relevant paperwork.
· This complaint will be logged on a Complaints Form (Appendix ?)
· The Head Teacher, or a designated senior member of Staff will acknowledge the complaint and either, give a full response, or a timescale for a full response, within 5 working days.
· If an in-depth investigation is required a full response will take longer than usual, we aim to respond fully within 20 working days.
· If investigations take place any witnesses (pupils and staff) will be interviewed sensitively.
· A meeting may be necessary to discuss the problem and this will be arranged at a mutually convenient time. The parent/carer may wish to be accompanied by a friend, relative, advocate or interpreter to support them at this or any subsequent meeting.
· To ensure a clear record of progress and/or arrangements, the Head Teacher following any meeting will summarise the main discussion points in a follow-up letter.
· Once the facts have been established the Head teacher may either write or meet with the parents to give a full explanation of the decision and the reasons for it. Where relevant this will include action taken to resolve the complaint. (If it was a meeting a follow-up letter will be sent).
If the matter is still not resolved to the parent’s satisfaction they need to proceed to the next step in the Formal complaints procedure and complain to the Chair of Governors.
Step 2B – Complaining to the Chair of Governors.
· The parent needs to write to the Clerk to the Governing Body (address available from the office) who will be responsible for logging the complaint, acknowledging receipt of the letter and forwarding it to the Chair of Governors.
· The letter should include details of the complaint and why the parent is unhappy with the Head Teacher’s response.
· Parents should not contact any other members of the Governing Body as in the event of an investigation we require three Governors with no prior knowledge of your complaint.
· The clerk will write to the parent informing them of the largely strategic role of the Governing Body and that the Head Teacher is solely responsible for the day-to-day running of the school.
· This stage offers an opportunity for achieving conciliation between all parties. Informal discussions between the Chair of Governors and the Headteacher will be key to resolving the complaint and agreeing a way forward.
· If the matter concerns responsibilities delegated to the Head Teacher by the Governing Body, then the Governing Body may look at the complaint afresh via the Governors Complaint Panel (stage 3).
· If the matter relates to the conduct of the Headteacher a decision will be made (in conjunction with advice from the Local Authority) whether it should be dealt with through the Complaints Procedure or Staff Disciplinary Procedure.
· If the matter comes within the responsibilities of the Headteacher as detailed in the Terms and Conditions of their Employment, the Chair of Governors is only empowered to look at whether the Headteacher’s decision was reasonable in light of the information available at the time.
If the matter is still not resolved you need to proceed to the next stage.
Stage 3 – Complaining to the Governing Body Complaints Panel: Reconsideration or Review
· The Governing Body will choose a Complaints Panel at the start of the year.
· Parents who wish to appeal to the Complaints Panel need to write to the Clerk of Governors outlining the complaint, describing issues in detail and say why they are dissatisfied with the outcomes so far.
· The Clerk will acknowledge receipt of this letter within 5 school days and remind parents not to contact individual governors.
· The Clerk will remind parents of the extent of the Governors Powers and of the two forms of appeal available at this stage.
RECONSIDERATION (CONSIDERING AFRESH)
Ø When the issue relates to powers delegated to the Head Teacher by the Governing Body, the Governor Complaints Panel can reconsider the matter. They may look at the matter afresh and if as a result, new information arises that the Head Teacher was not aware of when they made their original decision, the Governing Body may ask the Head Teacher to give the matter further consideration.
Ø Complaints about a Governor will also be subject to reconsideration of the issues.
REVIEW (OF THE ORIGINAL DECISION)
Ø If the matter falls within the remit of the Head Teacher's Terms and Conditions of Employment the Panel only have the power to review the decision, not to consider afresh. They may look at whether the decision was reasonable.
Ø The Panel will need to look at the facts that were known to the Head Teacher at the time and decide whether the Head Teacher
(a) failed to take them into account: and/or
(b) took into account something irrelevant: and/or
(c) made a ‘perverse” decision considering the evidence available.
Ø The Clerk will arrange and facilitate the meeting of the Complaints Panel.
Ø The Complaints Panel will consist of three Governors with no prior knowledge of the matter with a delegated Chair. The meeting will be held in an informal atmosphere but will follow a formal agenda.
Ø The meeting of the Complaints Panel will take place as detailed in Appendix ??
Ø The Clerk will inform the complainant of the panel’s decision normally within 2 working days of the meeting. This letter will include
(a) a summary of the issues
(b) an outline of the main points of discussion
(c) the reasons for the decision
(d) proposed actions or outcomes
Ø The panels letter may suggest a further meeting between the complainant and the Head Teacher to agree a way forward.
Ø For issues related to the National Curriculum and the provision of Religious Education, parents will be told they can appeal further to the Local Authority.
Ø For general complaints this is the final stage of the Schools Complaints Procedure. If parents remain dissatisfied they will be referred to the Local Authority’s Complaints Adviser.
Stage 4 - When to Complain to the Local Authority.
The Local Authority offers a further appeal to parents who having exhausted the school procedure have a complaint about the school failing to: -
v provide the National Curriculum for a particular child;
v follow the law relating to the charging for school activities such as trips;
v offer approved qualifications or syllabuses;
v provide Collective Worship and Religious Education;
v carry out any other statutory duty in relation to the curriculum;
v act reasonably in any of the above cases.
For general complaints about the school the Local Authority has no powers beyond reminding them of their legal obligations. Therefore complaints relating to the internal working of the schools cannot be dealt with by the Local Authority as it has no powers over the general running of the school.
If a complaint has reached stalemate advice may be sought from the Local Authority Complaints Adviser.
Governors may also seek advice from the Local Authority Complaints adviser.
Stage 5 – Complaints to the Secretary of State.
If a parent wishes to pursue a complaint because they feel the school has acted unreasonably, they can write to the Secretary of State.
The Secretary of State will contact the Governing Body and the Local Authority for more detailed information. They have the power to tell the school to revise an action if deemed appropriate.
Stage 6 – Complaints to the Ombudsman.
There is no Schools Ombudsman. The Local Government Ombudsman (LGO) will consider matters relating to the Local Authority’s responsibility, but cannot consider matters about the internal management of schools.
Reporting and Evaluating
The Head Teacher will report annually on the number of formal complaints received and the level at which they were resolved. This report will be anonymous.
Additional Information
Vexatious Complaints
· In rare cases a complainant may continue to pursue a complaint after the Schools Complaint Procedure has been exhausted. A complaint becomes vexatious when it is: -
Ø repeatedly or obsessively pursued; or
Ø unreasonable or seeking unreasonable outcomes; or
Ø reasonable, but pursued in an unreasonable manner.
· Governors may need to decide that all further contact should be:
Ø directed to, and only dealt with by, a named individual;
Ø restricted, for example, to letter only.
· If a conclusion has been reached and the complainant continues the school may write;
Ø to finally repeat the response;
Ø to inform the complainant they will be no further response;
Ø to refer the complainant to the original response.
Abusive Complaints
No Physical or verbal abuse will be tolerated by any school staff member.
Verbal aggression can be as intimidating as physical aggression. All parties have a right to be treated courteously and with respect. If school staff feel threatened, the Head teacher will either:-
· Write to the complainant requesting that the behaviour cease, and/or
· Set restrictions for further contact with staff, and/or
· Report the incident to the Police.
· If a telephone caller becomes abusive or aggressive they will be informed that the call will be ended if they persist. This shall be recorded and the relevant person informed.
· Repeated incidents will be treated as harassment and the Head Teacher reserves the right to report these to the police.
Anonymous Complaints
· The school will not respond to anonymous complaints. Nonetheless, the Head Teacher and/or the Chair of Governors may consider it if;
Ø the fear of identification is genuine;
Ø it is a child protection issue.
Appendix 1
Waterside Primary
Complaints Form Page 1 of 2
Name of PupilName of Parent /Carer
Address:……………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
Postcode…………………………………..
Telephone:…………………………………
………………………………………………….
What is the concern and how has it affected the complainant, parent and or pupil?
Has the complainant provided any paperwork? If so, please list below.
Page 2 of 2
Has the complainant discussed this matter with a member of staff prior to this form being completed? If so, whom did she/he speak to and what was the response?What would the complainant want to happen as a result of making this complaint?
Signature: Date:
Date complaint first received:
Initial response and acknowledgement:
By whom:
Date: / Action taken:
Date:
Appendix 2 Waterside Primary School Complaints Panel