1. Introduction
From 1 September 2003 all maintained schools and maintained nursery schools in England are required, under Section 29 of the Education Act 2002, to have in place a procedure to deal with complaints relating to the school and to any community facilities or services that the school provides.
The complaints procedure is based on the following principles:
At each stage in the procedure, Winchelsea School wants to resolve the complaint. If appropriate, we will acknowledge that the complaint is upheld in whole or in part. In addition, we may offer one or more of the following:
If an individual wishes to withdraw their complaint, we will ask them to confirm this in writing.
The Headteacher.
This complaints procedure is not limited to parents or carers of children that are registered at the school. Any person, including members of the public, may make a complaint to Winchelsea School about any provision of facilities or services that we provide. Unless complaints are dealt with under separate statutory procedures (such as appeals relating to exclusions or admissions), we will use this complaints procedure. Complaints can be made by third parties acting on behalf of complainants provided appropriate authority is in place.
Consideration can be given to complaints made by parents of pupils who no longer attend the school, provided the complaint / concern is received within three months of the child ceasing attendance at the school.
We will not normally investigate anonymous complaints. However, the Headteacher or Chair of Governors, if appropriate, will determine whether the complaint warrants an investigation.
A concern may be defined as ‘an expression of worry or doubt over an issue considered to be important for which reassurances are sought’.
A complaint may be defined as ‘an expression of dissatisfaction however made, about actions taken or a lack of action’.
It is in everyone’s interest that concerns and complaints are resolved at the earliest possible stage. Many issues can be resolved informally, without the need to use the formal stages of the complaints procedure. Winchelsea School takes concerns seriously and will make every effort to resolve the matter as quickly as possible.
If you have difficulty discussing a concern with a particular member of staff, we will respect your views. In these cases, the Headteacher will refer you to another staff member. Similarly, if the member of staff directly involved feels unable to deal with a concern, the Headteacher will refer you to another staff member. The member of staff may be more senior but does not have to be. The ability to consider the concern objectively and impartially is more important.
We understand, however, that there are occasions when people would like to raise their concerns formally. In this case, Winchelsea School will attempt to resolve the issue internally, through the stages outlined within this complaints procedure.
The majority of parental concerns/complaints can be resolved informally and speedily. Where a complainant has a concern about what the school has done, or not done:
It may be that the teacher/Headteacher is unaware of the problem or there might have been a misunderstanding.
If a complainant is dissatisfied with the outcome and feels the matter cannot be resolved in an informal way, or feels so deeply about that concern that it is wished to take the matter further, then the opportunity exists to make a formal complaint.
Complainants should not approach individual governors to raise concerns or complaints. They have no power to act on an individual basis and it may also prevent them from considering complaints at Stage Two of the procedure.
Complaints against school staff (except the Headteacher) should be made in the first instance, to the Headteacher via the school office. Please mark them as Private and Confidential.
For ease of use, a template complaint form is included at the end of this procedure. If you require help in completing the form, please contact the school office. You can also ask third party organisations such as Citizens Advice to help you.
In accordance with Equality law, we will consider making reasonable adjustments if required, to enable complainants to access and complete this complaints procedure. For instance, providing information in alternative formats, assisting complainants in raising a formal complaint or holding meetings in accessible locations.
You must raise the complaint within three months of the incident or, where a series of associated incidents have occurred, within three months of the last of these incidents. We will consider complaints made outside of this time frame if exceptional circumstances apply.
We will consider complaints made outside of term time to have been received on the first school day after the holiday period.
This procedure covers all informal complaints / concerns and formal complaints other than those set out below.
If other bodies are investigating aspects of the complaint, for example the Police, Local Authority safeguarding teams or Tribunals, this may impact on our ability to adhere to the timescales within this procedure or result in the procedure being suspended until those public bodies have completed their investigations.
If a complainant commences legal action against Winchelsea School in relation to their complaint, we will consider whether to suspend the complaints procedure in relation to their complaint until those legal proceedings have concluded.
Formal complaints must be made in writing, either in a letter, e-mail or preferably on the form attached to this document. It should be made clear that it is a formal complaint. If a complainant is unable to complete their complaint in writing, they should contact the School Office for support.
Formal complaints should be addressed to the Headteacher. If addressed to the Chair of Governors, an individual Governor or member of staff they will be passed to the Headteacher.
The Headteacher or the individual nominated to handle the complaint (the investigator) will record the date the complaint is received and will acknowledge receipt of the complaint in writing (or by e-mail) within 3 school days. If relevant, within this response any further clarification concerning the complaint will be sought. Consideration will be given as to whether a face to face meeting is the most appropriate way of doing this.
The Headteacher or the investigator will investigate the complaint. The Headteacher will respond to the complainant in writing within 10 school days of the date of receipt of the complaint.
During the investigation, the Headteacher or investigator will:
At the conclusion of their investigation, the Headteacher will provide a formal written response within 10 school days of the date of receipt of the complaint.
If the Headteacher is unable to meet this deadline, they will provide the complainant with an update and revised response date.
The response will detail any actions taken to investigate the complaint and provide a full explanation of the decision made and the reason(s) for it. Where appropriate, it will include details of actions Winchelsea School will take to resolve the complaint.
The Headteacher will advise the complainant of how to escalate their complaint should they remain dissatisfied with the outcome of Stage One. At this stage the outcome of the investigation by the Headteacher is final.
If the complaint concerns the Headteacher, then it should be made in writing and addressed to the Chair of Governors via the school office in an envelope marked as Private and Confidential.
Complaints about the Chair of Governors, any individual governor or the whole governing body should be addressed to the Clerk to the Governing Body via the school office. Please mark them as Private and Confidential.
If the complaint is about the Headteacher, or a member of the Governing Body (including the Chair or Vice-Chair), a suitably skilled governor will be appointed to complete all the actions at Stage One.
If the complaint is:
Stage One will be considered by an independent investigator appointed by the Governing Body or the LA. At the conclusion of their investigation, the independent investigator will provide a formal written response.
At this stage the outcome of the investigation by the Headteacher is final.
If the complainant is dissatisfied with the outcome of the Headteacher’s investigation (Stage One) and feels strongly about taking matters further, the opportunity exists to make a formal complaint to the Chair of Governors. In order to progress to Stage Two of the procedure, Stage One must have been completed first.
A request to escalate to Stage Two must be made to the Clerk to the Governing Body within 10 school days of receipt of the Stage One response. Requests received outside this timeframe will only be considered if exceptional circumstances apply.
The Clerk to the Governing Body will record the date the complaint is received and will acknowledge in writing (or by e-mail) receipt of the complaint within 3 school days of receiving the complaint. He/she will advise that a complaints panel of 3 members of the Governing Body, who have not had any previous involvement in the complaint to ensure impartiality, will be convened at a date and time convenient to all parties but within 15 school days of receipt of the complaint.
If the complainant rejects the offer of three proposed dates, without good reason, the Clerk will decide when to hold the meeting. It will then proceed in the complainant’s absence on the basis of written submissions from both parties.
Prior to the meeting, the complaints panel will decide amongst themselves who will act as the Chair of the panel. If there are fewer than three governors from Winchelsea School available, the Clerk will source any additional, independent governors through another local school or through the LA’s Governor Services team, in order to make up the panel. Alternatively, an entirely independent panel may be convened on behalf of the Governing Body to hear the complaint at Stage Two.
The complainant may bring someone along to provide support. This can be a relative or friend. Generally, we do not encourage either party to bring legal representatives to the panel meeting. However, there may be occasions when legal representation is appropriate. For instance, if a school employee is called as a witness in a complaint meeting, they may wish to be supported by union and/or legal representation.
At least 7 school days before the meeting, the Clerk will:
Any written material will be circulated to all parties at least 3 school days before the date of the meeting. The panel will not normally accept, as evidence, recordings of conversations that were obtained covertly and without the informed consent of all parties being recorded.
The panel will also not review any new complaints at this stage or consider the inclusion of evidence unrelated to the initial complaint. New complaints must be dealt with as a separate complaint following the Stage One procedure.
The meeting will be held in private. Electronic recordings of meetings or conversations are not normally permitted unless a complainant’s own disability or special needs require it. Prior knowledge and consent of all parties attending must be sought before meetings or conversations take place. The meeting will be appropriately minuted and consent will be recorded.
The Governors’ complaints panel will take the following points into account, bearing in mind that each party will be given the opportunity to state their case, ask questions and written material will be seen by all parties:
The panel can:
The decision of the panel is final and the matter closed. At this stage, the school’s complaints procedure at this stage will have been exhausted.
The Chair of the panel will provide the complainant and Winchelsea School with a full explanation of their decision and the reason(s) for it, in writing, within 5 school days.
The letter to the complainant will include details of how to contact the Department for Education if they are dissatisfied with the way their complaint has been handled.
If the complaint is:
Stage Two will be heard by a panel of independent governors.
The response will detail any actions taken to investigate the complaint and provide a full explanation of the decision made and the reason(s) for it. Where appropriate, it will include details of actions Winchelsea School will take to resolve the complaint.
The response will also advise the complainant of how to escalate their complaint should they remain dissatisfied. 11. Next Steps
If the complainant believes the school did not handle their complaint in accordance with the published complaints procedure or they acted unlawfully or unreasonably in the exercise of their duties under education law, they can contact the Department for Education after they have completed Stage Two.
The Department for Education will not normally reinvestigate the substance of complaints or overturn any decisions made by Winchelsea School. They will consider whether Winchelsea School has adhered to education legislation and any statutory policies connected with the complaint.
The complainant can refer their complaint to the Department for Education online at: www.education.gov.uk/contactus, by telephone on: 0370 000 2288 or by writing to:
Department for Education M1 2WD.
Winchelsea School is committed to dealing with all complaints in a consistent, fair and impartial manner. We will not normally limit the contact complainants have with the school. However, we do not expect our staff to tolerate unacceptable behaviour and will take action to protect staff from that behaviour, including that which is abusive, offensive or threatening.
Winchelsea School defines unreasonable complainants as ‘those who, because of the frequency or nature of their contacts with the school, hinder our consideration of their or other people’s complaints’. More information can be found in the Unreasonable Complaints Policy. Please ask the School Office for a copy.
WINCHELSEA SCHOOL COMPLAINT FORM
Please complete and return to the Headteacher in an envelope marked as Private and Confidential. The Headteacher will acknowledge receipt and explain what action will be taken.
Roles and Responsibilities Complainant The complainant will receive a more effective response to the complaint if they:
Investigator The investigator’s role is to establish the facts relevant to the complaint by:
The investigator should:
The Headteacher or complaints panel will then determine whether to uphold or dismiss the complaint and communicate that decision to the complainant, providing the appropriate escalation details. Complaints Co-ordinator This will usually be the Headteacher / designated complaints governor or other staff member providing administrative support).
The complaints co-ordinator should:
Clerk to the Governing Body
The Clerk is the contact point for the complainant and the panel and should:
Panel Chair
The panel’s chair, who is nominated in advance of the complaint meeting, should ensure that:
Panel Member
Panel members should be aware that:
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