Moordown St John’s CE Primary School
Policy and Procedures
for Complaints
“A Christian community where commitment
to educational excellence changes lives”
Date Approved & Signature of Governors: Simon Cull 20/05/14
Review Date: May 2015
A copy of this policy in large print is available
on request from the school office
Contents
Page No.
Introduction
2
Complaints’ Framework
3
Complaints’ Coordinator
4
The Role of the Local Authority
4
Investigating Complaints
4
Resolving Complaints
4
Time Limits
5
Timescales for Making a Complaint
5
Vexatious Complaints
5
Complaint Stages – Informal Stage
5
Complaints Stages – Formal Stages – Stage One
6
Complaints Stages – Formal Stages – Stage Two
6
Complaints Stages – Formal Stages – Stage Three
7
Appeals Beyond the School
8
Sharing of information & destruction of files
9
Policy Review
9
Appendix A – Diagrammatic overview of process
10
Appendix B – Checklist for a Panel hearing
11
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Moordown St John’s CE VA Primary School
Complaints Procedure
RATIONALE
We are a Church of England Primary School and exist to further the work of Christ through
high quality learning and teaching.
We believe that all pupils, staff, parents and governors are part of a community of learning,
where standards and expectations are high and there is a real purpose in being part of the
family of Christ.
SUCCESS (Skills, Understanding, Creativity, Curiosity, Enjoyment, Spirituality, Security) is at
the centre of our school’s ethos and identity.
SUCCESS
S – skills required for a life full of learning and healthy relationships
U – understanding and application of their knowledge
C – creativity to respond to problems and express themselves
C – curiosity to explore, investigate and understand the world
E – enjoyment of life and of learning
S – spirituality where faith is nourished, respected, challenged and lived
S – security in themselves and who they are and in their working environment
At Moordown St. Johns we aim to honour and fulfil the United Nations Convention on the
Rights of the Child.
‘Rights’ are things every child should have or be able to do. All children have the same rights.
These rights are listed in the UN Convention on the Rights of the Child. Almost every country
has agreed to these rights. All the rights are connected to each other, and all are equally
important. Sometimes, we have to think about rights in terms of what is best for children in a
situation, and what is critical to life and protection from harm. As children grow, they have
more responsibility to make choices and exercise their rights.
This policy refers directly to the following articles:
Article 3 – The best interests of the child must be a top priority in all actions concerning
children.
Article 4 – Governments must do all they can to fulfil the rights of every child.
Article 29 – Education must develop every child’s personality, talents and abilities to the full.
INTRODUCTION
Our prospectus contains the following statement on complaints:
“‘We aim to provide the best possible service to parents and pupils. Should you have any
concerns about school life then we ask that you share your concerns initially with your
child’s class teacher, then the appropriate Key Stage leader or Deputy Head and finally the
Headteacher. If your concerns cannot be satisfactorily dealt with then you can take the
matter to the School Governors and the Local Authority. There is a leaflet* available in the
School Reception and on our website detailing our complaints procedure.’”
* leaflet is shown in Appendix C
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We welcome suggestions for improving our work in school. Be assured that, no matter what
you want to tell us, our support and respect for your child will not be affected in any way.
Please tell us of your concern as soon as possible. It is difficult for us to investigate an
incident or problem properly if it took place some time ago. We do appreciate the assistance
we receive from parents in addressing any problems that arise.
We receive very few complaints. Problems sometimes arise from misunderstandings which
are easily addressed. Most concerns and complaints can be sorted out quickly by speaking
with your child’s class teacher. When parents and teachers treat each other with mutual
respect and support, this provides a very good role model for all our children.
If, having spoken to the class teacher, Key Stage Leader/Deputy Headteacher, you still have
concerns, you should see the Headteacher. He will investigate the problem and discuss his
findings with you so that we can find a way forward together which serves the best interest of
both the school and your child. In the unlikely event of the problem remaining unresolved you
can put your complaint in writing and, if necessary, could subsequently refer it to the
Governing Body.
These procedures have been produced in conjunction with the ‘Schools Complaints
Procedure’ issued by the Department for Education and are designed to provide clear
guidelines to schools and parents/carers/guardians about making a complaint.
It is for use by parents/carers/guardians of pupils at the school and covers the informal and
formal stages of the complaints process.
The following areas must be dealt with by other statutory procedures:
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Admission to Schools
Child Protection issues
Complaints about other Council departments
Complaints against individual members of staff in relation to their behaviour or
competence
Exclusion of pupils from School
Religious Education and Collective Worship
Statutory assessments of special educational needs
Further advice about complaints relating to the above can be sought from the school direct or
from the Children’s Services Complaints Officer at the Local Authority.
All staff members need to be aware of the procedures for dealing with complaints.
A diagrammatic overview of the complaints process can be found in ‘Appendix A’ at the end
of this document.
COMPLAINTS FRAMEWORK
Our Complaints Procedure will:
 encourage resolution of problems by informal means wherever possible;
 be easily accessible and publicised;
 be simple to understand and use;
 be impartial;
 be non-adversarial;
 allow swift handling with established time-limits for action and keeping people
informed of the progress;
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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;
provide information to the school’s senior management team so that services can
be improved.
COMPLAINTS’ COORDINATOR
Every school should have a named person to receive, record and monitor complaints.
For our school, this will be the Headteacher.
THE ROLE OF THE LOCAL AUTHORITY
In terms of the Local Authority, the Complaints Officer for Children’s Services at the Town Hall
is responsible for monitoring and tracking all complaints being investigated in schools. The
role of the Complaints Officer regarding complaints is to advise on the procedure to
follow and monitor complaints, not to investigate complaints. The telephone number for
the Complaints Officer is 01202 458953 / 458712 or email
[email protected]
INVESTIGATING COMPLAINTS
At each stage the person investigating the complaint (the Complaints Coordinator) will:

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);
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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;
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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 the school will keep in mind ways in which a complaint can be
resolved. 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 school policies in light of the complaint.
Complainants will be 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.
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An effective procedure will identify areas of agreement between the parties. It is also of equal
importance to clarify any misunderstandings that might have occurred as this can create a
positive atmosphere in which to discuss any outstanding issues.
TIME LIMITS
Complaints need to be considered and resolved as quickly and efficiently as possible. Our
complaints procedure has realistic time limits for each action 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.
TIMESCALES FOR MAKING A COMPLAINT
As stated previously these procedures are for the use of parents/carers/guardians of pupils at
the school.
Consideration will be given to complaints made by parents/carers/guardians of pupils who no
longer attend the school. It is advisable that a reasonable delay between the child ceasing
attendance at the school and the complaint be allowed. In practice, it is likely that this will
be no longer than six months. Where complaints arise later than this time period it is
advisable to seek advice of the Local Authority or the School Insurer prior to deciding whether
or not to deal with the complaint.
VEXATIOUS COMPLAINTS
If properly followed, a good complaints procedure will limit the number of complaints that
become protracted. However, there will be occasions when, despite all stages of the
procedures having been followed, the complainant remains dissatisfied. If the complainant
tries to reopen the same issue, the Chair of the Governing Body is able to inform them in
writing that the procedure has been exhausted and that the matter is now closed.
COMPLAINT STAGES
Informal Stage
Prior to the formal stage of a complaint it may be appropriate for a complaint to be managed
at an informal stage.
Parents should be provided with an opportunity to meet with the Teacher concerned or the
Key Stage Leader/Deputy Headteacher.
The Complaints’ Coordinator should record the details of the complaint in the school’s
complaints register/log.
The Complaints’ Coordinator should inform the Complaints Officer at the Local Authority who
will record the complaint on a local database used to monitor the complaint through each
stage.
The Complaints’ Coordinator needs to acknowledge the complaint in writing, enclosing a copy
of the school’s guidance on their Complaints Procedure.
A meeting should be arranged with the parent and, where appropriate, the pupil to discuss the
complaint and outcomes the parent would like to see as a result of the meeting.
An investigation by the Complaints’ Coordinator or the Teacher dealing with the complaint at
the informal stage may be necessary.
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The School will respond to the complainant detailing any outcome of the meeting within 10
school days of the complaint being received by the school, or within 4 weeks if any part of the
10 day period falls within a school holiday.
Details of how to progress the complaint to the formal stage of the complaints procedure will
need to be provided to the complainant. If the complainant wishes to take their complaint
further they must notify the Complaints’ Coordinator within one month of receiving the letter.
Formal Stages – Stage One – Headteacher
If the complaint is about the Headteacher, the Stage 2 procedures are carried out.
If, having been through the informal stage of the procedure the complainant is not satisfied
with the outcome, there must be an opportunity to progress to the formal stage of the
procedure.
The first stage of the formal process is for the complaint to be investigated and responded to
by the Headteacher.
The complainant should be asked to submit their complaint in writing to the Headteacher of
the school. It is advisable at this part for the complainant to copy the Complaint’s Officer at
the Local Authority into any correspondence.
The Headteacher acknowledges the complaint and if necessary sets up a meeting with the
complainant to discuss the matter further.
It may be necessary at this stage for statements to be taken from the pupil(s) involved and
any witnesses. The pupil would normally be interviewed with a parent present. If this is not
possible then a member of staff who is not directly involved with the complaint can
accompany the pupil.
The Headteacher needs to keep written records of meetings, telephone conversations and
other documentation relevant to the matter.
Following the investigation by the Headteacher a response should be sent to the complainant
within 10 school days of the complaint being received by the school, or within 4 weeks if any
part of the 10 day period falls within a school holiday.
Details of how to progress the complaint to Stage two should be included in the response to
the complainant.
Formal Stages – Stage Two – Chair of Governors
If the complainant is not satisfied with the outcome of Stage One then they have the right to
submit their complaint to the Chair of Governors of the school.
The complaint should be put in writing to the Chair of Governors and a copy sent to the
Complaint’s Officer at the Local Authority.
The Chair will acknowledge receipt of the complaint.
Again it may be necessary for the Chair of Governors to carry out an investigation into the
complaint. This again may include interviewing pupils and witnesses.
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The Chair of Governors will respond directly to the complainant within 10 school days of the
complaint being received by the school, or within 4 weeks if any part of the 10 day period falls
within a school holiday.
Details of how to progress the complaint to Stage Three should be included in the response to
the complainant.
Formal Stages – Stage Three – Panel of Governors
The final stage of the school-based complaint’s procedure is for the complainant to submit
their complaint in writing to a Panel of Governors if the complainant remains unhappy with the
outcome of the previous stage.
The Complaints’ Coordinator or the Clerk to the Governing Body will acknowledge the
complaint and arrange for a Panel of Governors to convene. This panel must consist of at
least three Governors.
A meeting of the Governors’ Panel will be arranged by the Complaints’ Coordinator or the
Clerk to the Governing Body within 4 school weeks of the complaint being submitted. Where
this period falls within school holidays the meeting should be arranged as soon as possible
and the complainant notified of the reason for any delay.
The panel will be elected from members of the Governing Body. The members should be
independent and impartial. They should have no prior involvement with the complaint and
they should elect a Chair for the committee. All relevant documentation regarding the
complaint should be made available to the panel as soon as possible.
The Chair of the Panel will write and inform all concerned of the date, time and place of the
meeting. The notification to the complainant should also inform them of the right to be
accompanied to the meeting by a friend.
The Chair of the Panel should consider whether additional witnesses need to be called or
whether further investigations need to be undertaken. Only the Chair can call witnesses and
these cannot be members of school staff.
The Clerk to the Governing Body or other suitable person should attend the panel to record
the proceedings and the panel’s decision.
After the meeting, the Panel will consider the evidence and a written decision will be sent to
the complainant within 10 school days of the meeting or within 4 weeks if any part of the 10
day period falls within a school holiday.
Details of how to appeal a decision must also be enclosed with the response.
A copy of the decision should also be made available to the Headteacher, the Complaints’
Coordinator, Chair of Governors and any others as the panel think appropriate.
A checklist for conducting a Panel Hearing can be found in ‘Appendix B’ as produced by the
Department for Education.
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Remit of the Governing Body’s Appeals Panel
The panel can:
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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.
APPEALS BEYOND THE SCHOOL
Local Government Ombudsman (LGO)
The Local Government Ombudsman may investigate complaints about maladministration, i.e.
cases where the published complaints procedure has not been properly followed.
The Ombudsman cannot investigate complaints about internal school matters and is not
empowered to overturn the decision of the Governing Body Complaints Panel.
The contact details for the Local Government Ombudsman are as follows.
Tel:
0300 061 0614 or Fax: 024 7682 0001
Website:
www.lgo.org.uk (an online complaints form is available)
Address:
Local Government Ombudsman, PO Box 4771, COVENTRY CV4 0EH
Secretary of State for Education
The Secretary of State for Education will investigate complaints where a Governing Body has
acted ‘unreasonably’ or illegally in coming to their decision.
The Secretary of State may be contacted as follows:
Tel:
0370 000 2288
Email:
[email protected]
Website:
www.education.gov.uk/form/school-complaints-form
Address:
Department for Education, Sanctuary Buildings,
Great Smith Street, LONDON SW1P 3BT
Ofsted
Ofsted has powers to investigate complaints from parents about schools if there is a problem
that affects the whole school. Examples of complaints include:
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The school is not providing a good enough education
The pupils are not achieving as much as they should, or their needs are not being met
The school is not well led and managed or is not using its resources efficiently
The pupils’ personal development and well-being are being neglected
Ofsted will not usually consider a complaint if a complainant has not first followed the schools’
complaints procedure and will not normally investigate cases to do with individual pupils.
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Ofsted may be contacted as follows:
Tel:
0300 1234 234
Email:
[email protected]
Website:
www.ofsted.gov.uk/onlinecomplaints
Address:
Enquiries, OfSTED, Piccadilly Gate
Store Street, Manchester M1 2WD
SHARING OF INFORMATION AND DESTRUCTION OF FILES
Throughout the process of investigating complaints it may be necessary for information
relating to a parent’s complaint to be shared within the school environment with teachers,
Headteachers and Governors.
The school needs to be mindful of confidentiality rules and the Data Protection Act 1998 when
handling complaints and discussing issues relating to the complaint.
The school is required to keep any personal information relating to a complaint in a secure
manner for a period of 6 years following the date of resolution.
POLICY REVIEW
This policy has been considered by the Personnel Committee and then ratified by the Full
Governing Body at its meeting on 20 May 2014.
This policy will be reviewed on an annual basis, with the next review taking place during May
2015. However this will be brought forward should changes in protocol be recommended by
either the Department for Education or the Local Authority.
Signed:
Date:
Chair Personnel Committee
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Complaint heard by member of staff.
Respond to complaint within 10 School days
Complaint heard by Headteacher.
Acknowledge receipt of complaing.
Respond to complaint within 10 School days
Complaint heard by Chair of Governors.
Acknowledge receipt of complaing.
Respond to complaint within 10 School days
Complaint heard by Panel of Governors:
Arrange meeting within 4 weeks.
Respond to complaint within 10 school
days after the meeting has taken place
Complainant to refer complaint to
Local Government Ombudsman,
Department for Education or OfSTED
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Appendix B – Checklist for a Panel Hearing
The panel needs to take the following points into account:
The hearing is as informal as possible
Witnesses are only required to attend for the part of the hearing in which they give their
evidence
After introductions, the complainant is invited to explain their complaint, and be
followed by their witnesses
The Headteacher may question both the complainant and the witnesses after each has
spoken
The Headteacher is then invited to explain the school’s actions and be followed by the
school’s witnesses
The complainant may question both the Headteacher and the witnesses after each has
spoken
The panel may ask questions at any point
The complainant is then invited to sum up their complaint
The Headteacher is then invited to sum up the school’s actions and response to the
complaint
Both parties leave together while the panel decides on the issues
The Chair explains that both parties will hear from the panel within a set time scale
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