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Maytree Nursery andInfants' SchoolCaring, Sharing, Aiming High

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Complaints Policy

G7 COMPLAINTS POLICY

 

This policy should be used in conjunction with the DFE Guidance Best Practice Advice for School Complaints Procedures 2016

https://www.gov.uk/government/publications/school-complaints-procedures

 

Appendix 1: Complaints not in scope of the procedure

Appendix 2: Summary for Dealing with Complaints

Appendix 3: Complaint Form


 

Introduction:

Under Section 29 of the Education Act 2002, Governing Bodies of all maintained schools in England have been required to have in place a procedure to deal with complaints relating to the school. The law also requires the procedure to be publicised.

 

The majority of issues raised by parents, the community or pupils, are concerns rather than complaints. Maytree School is committed to taking informal concerns seriously, at the earliest stage, in order to keep the number of formal complaints to a minimum and without needing formal procedures. However, formal complaints should always follow the complaints procedure.

 

Concerns:

It is helpful if, at the outset, both parties (i.e. the Complainant and the School) can be clear about the difference between a concern and a complaint. 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 generally defined as ‘an expression of dissatisfaction however made, about actions taken or a lack of action’.

The School does take informal concerns seriously and concerns raised orally will often be dealt with swiftly and easily


 

Aims:

The prime aim of Maytree School’s policy is to resolve complaints impartially, sensitively, confidentially and in a timely manner.

We will always put the interests of our children above all else and aim to resolve any complaint through dialogue and mutual understanding.

Malicious complaints may incur appropriate action by the school.
 

Our complaints procedure should:

  • 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

  • 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 Leadership Team so that services can be improved

  • The complaints procedure must not suggest that a complaint can only be escalated to the next stage if the school permits it


 

The following details outline the stages that can be used to resolve complaints.

 

The Maytree School Complaints Policy has four main stages.

 

In summary they are as follows: -

  • Stage 1 (informal): complaint heard by staff member (though not the subject of the complaint)

  • Stage 2 (formal): complaint heard by headteacher

  • Stage 3 (formal): complaint heard by Chair of Governors

  • Stage 4 (formal): complaint heard by Governing Body’s complaints appeal panel

 

 

GUIDELINES

 

For a general complaint:

 

Stage 1 (Informal) Complaint heard by staff member

If a complainant is concerned about anything to do with the education or support that we are providing at our school, they should, in the first instance, discuss the matter with their child’s class teacher; most matters of concern can be resolved positively in this way. All teachers work very hard to ensure that each child is happy at school, and is making good progress; they naturally want to know if there is a problem, so that they can take action before it seriously affects the child’s progress. If, in any circumstance, a complainant indicates that he/she would have difficulty discussing a complaint with a particular member of staff, the headteacher can refer the complaint to another staff member without this moving to Stage 2.

 

Stage 2 (formal) Complaint heard by Headteacher

Where a complainant feels that a situation has not been resolved through Stage 1 or that their concern is of a sufficiently serious nature, they should make an appointment to discuss it with the Headteacher. The Headteacher will consider all matters of concern very seriously and investigate each case thoroughly. Most complaints would normally be resolved at this stage.

 

Stage 3 (formal) Complaint heard by Chair of Governors

If the complainant is not satisfied with the response of the Headteacher, they should write to the Chair of Governors to request their complaint is considered further.

 

Stage 4 (formal) Complaint heard by Governing Body Complaint Appeals Panel

If the complainant remains unsatisfied, details of the complaint, in writing should be forwarded to the Clerk to the Governing Body asking that it is put before the appeal panel. A Governing Body appeals complaints panel will then be convened.

 

For a complaint about the Headteacher:

 

Step 1 If a complainant is concerned about anything to do with the behaviour, leadership or management of the Headteacher, they should, in the first instance, discuss the matter with the Headteacher; most matters of concern can be resolved positively in this way.

 

Step 2 Where a complainant feels that a situation has not been resolved through contact with the Headteacher, or that their concern is of a sufficiently serious nature, they should make an appointment to discuss it with the chair of the governing body. The chair will consider all matters of concern very seriously and investigate each case thoroughly. Most complaints would normally be resolved at this stage.

 

Step 3 Only when an informal complaint fails to be resolved by the chair should a formal complaint be made to the governing body. This complaint must be made in writing, stating the nature of the complaint, who has been spoken to already and the preferred outcome. The complainant should send this written complaint to the governing body via the school office.

 

 

Complaints against the Chair of Governors or any individual governor should be made by writing to the Clerk to the Governing Body.

 

Governing body complaints committee

The governing body must consider all written complaints within 21 school working days of receipt.

The Chair of Governors will nominate a governor to co-ordinate the procedure and will appoint a Appeals panel consisting of 3 governors who are not employees of the school. The nominated coordinator will chair the complaints panel.

The co-ordinator will arrange a meeting of the complaints panel to discuss the complaint and will invite the person making it to attend the meeting so that they can explain the complaint in more detail. The school will give the complainant at least five days’ notice of the meeting. If the complainant cannot attend the suggested date, a further date will be set. If the complainant does not attend the second date, a third and final date will be set, at which time the meeting will proceed without the complainant present.

 

The Headteacher will write a report addressing the complaint and ensure that the appeals panel members and the complainant receive a copy 4 days before the meeting. (If it is a complaint about the Headteacher, the Chair of Governors will write the report).

 

The complainant is invited to write a report addressing the issue and must ensure that the complaints panel members and the Headteacher (or Chair of Governors) receives a copy 2 days before the meeting. Other written evidence will be not be accepted at the meeting, except in exceptional circumstances.

 

Check list for a panel hearing

The panel must take the following points into account:

 

  • The hearing is as informal as possible

  • After introductions, the complainant is invited to explain their complaint (with the support of parent partnership or other advocate if required)

  • The panel members and Headteacher (or Chair of Governors) may ask questions

  • The Headteacher (or Chair of Governors) is then invited to explain the school’s actions (with support of DHT, Senco or other supporter if required)

  • The panel members or complainant may ask questions

  • The complainant is then invited to sum up their complaint

  • The Headteacher (or Chair of Governors) is then invited to sum up the school’s actions and response to the complaint

  • The chair of the panel explains that both parties will hear from the panel within 3 working days

  • Both parties leave the meeting while the panel decides on the issues

 

When the panel has fully investigated the complaint, the chair of the panel, on behalf of the governing body, will write to the complainant confirming the outcome of the complaint and any agreed action to be taken. The panel can:

 

  • Dismiss the complaint in whole or in part

  • Uphold the complaint in whole or in part

  • Decide on 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

 

Investigating Complaints

At each stage, the panel investigating the complaint should make sure 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

  • 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 and be prepared to persist in the questioning

  • Keep notes of the interview

 

 

 

Resolving Complaints

At each stage in the procedure we will look for a way 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

 

It should be noted that an admission that the school could have handled the situation better is not the same as an admission of negligence.

 

 

Monitoring Complaints

The Governing Body will review all complaints and recommended actions annually at a Full Governing Body Meeting. Any recommended actions will be forwarded to the appropriate committee for continued monitoring.

 

Unresolved complaints

From 1 August 2012 complaints about maintained schools not resolved by the school that would have been considered by the Local Government Ombudsman or the LA should be addressed to the Secretary of State for Education.

The Secretary of State or another member of the Department’s ministerial team can be contacted by email at: ministers@education.gsi.gov.uk or by telephone: 020 7925 5065

 

 

Policy reviewed every 3 years

 

 

Review Date: Summer 2019

Appendix 1

 

 

Complaints not in scope of the procedure

A complaints procedure should cover all complaints about any provision of facilities or services that a school provides with the exceptions listed below, for which there are separate (statutory) procedures

 

 

Exceptions

 

Who to contact

 

• Admissions to schools

• Statutory assessments of Special Educational Needs (SEN)

• School re-organisation proposals

• Matters likely to require a Child Protection Investigation

 

 

Concerns should be raised direct with local

authorities (LA).

For school admissions, it will depend on who is

the admission authority (either the school or the

LA). Complaints about admission appeals for

maintained schools are dealt with by the Local

Government Ombudsman.

 

 

• Exclusion of children from school

 

Further information about raising concerns about

exclusion can be found at: www.gov.uk/schooldiscipline-exclusions/exclusions

 

 

• Whistleblowing

 

 

Schools have an internal whistleblowing

procedure for their employees and voluntary staff. Other concerns can be raised direct with Ofsted by telephone on: 0300 123 3155, via email at: whistleblowing@ofsted.gov.uk or by

writing to:

WBHL, Ofsted

Piccadilly Gate

Store Street

Manchester M1 2WD.

The Department for Education is also a prescribed body for whistleblowing in education.

 

 

• Staff grievances and disciplinary

procedures

 

 

These matters will invoke the school’s internal grievance procedures. Complainants will not be

informed of the outcome of any investigation

 

 

• Complaints about services provided by other providers who may use school premises or facilities.

 

 

Providers should have their own complaints procedure to deal with complaints about service.

They should be contacted direct.

 

 

 

 

 

Appendix 2

Summary for Dealing with Complaints

 

Appendix 3

COMPLAINT FORM

 

Please complete and return to ………………………….. (SLT/Headteacher) who will acknowledge receipt and explain what action will be taken.

 

Your name:

 

 

Pupil’s name:

 

 

Your relationship to the pupil:

 

Address:

 

 

Postcode:

 

Day time telephone number:

 

Evening telephone number:

 

Please give details of your complaint.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What action, if any, have you already taken to try and resolve your complaint.

(Who did you speak to and what was the response)?

 

 

 

 

 

 

 

 

 

 

 

What actions do you feel might resolve the problem at this stage?

 

 

 

 

 

 

 

 

 

 

 

Are you attaching any paperwork? If so, please give details.

 

 

 

 

 

 

 

 

Signature:

 

Date:

 

Official use

 

 

Date acknowledgement sent:

 

 

 

By who:

 

 

 

Complaint referred to:

 

 

 

Date:

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