ALDWORTH SCHOOL COMPLAINTS PROCEDURE. All Support Staff All Governors Parents or Carers via the School s website and on demand

Transcription

1 ALDWORTH SCHOOL COMPLAINTS PROCEDURE Distribution: All Teaching Staff All Support Staff All Governors Parents or Carers via the School s website and on demand Contents: Aims General considerations Guidelines Complaints Form Date from which the Policy is initiated: December 2003 Reviewed: November 2015 Date for next Review of the Policy: November 2018 Associated Policy: Adult and Community Learning Comments and Complaints Policy and Procedure

2 Background ALDWORTH SCHOOL COMPLAINTS PROCEDURE The school works hard to explain its procedures to parents/carers and to give parents/carers a realistic understanding of what can be expected. Where there are occasional misunderstandings or misrepresentations parents/carers are encouraged to contact the school directly to speak to the member of staff concerned. A courteous approach will almost always bring about a speedy resolution of the problem. Where parents/carers are aggressive and/or unreasonable with school staff this will be raised as a separate issue and, where necessary, steps will be taken to protect the wellbeing of teachers and other staff. The satisfactory resolution of a complaint is of paramount importance to the school. Where home and school work together in a spirit of co-operation children feel secure and supported and do their best. Where there is ongoing conflict children feel confused, have divided loyalties and lose confidence. It may not always be possible to reach agreement between home and school but, in these cases, it is almost always possible to reach acceptance overall. Aims The school aims to ensure that the person best able to do so deals with all complaints from parents/carers, pupils and others as quickly and sensitively as possible, but staff time is pre-allocated both during, and beyond, the school day in most instances and a response may not be possible as quickly as would be preferred by all parties. Nevertheless, strenuous efforts will be made to ensure at least an acknowledgement at an early stage The school recognises that parents/carers and other stakeholders may have concerns and the school is committed to resolving such concerns as quickly and as effectively as possible. The aim of this procedure is to give guidance on how to make a complaint. General Considerations 1. Complaints fall into two categories. Those concerning statutory provision, and those related to the delivery of education and every day occurrences within the school. The initial procedures are the same in both cases but in the case of a complaint about statutory provision the Complainant, if not satisfied with the outcome, has the right of appeal to the Local Education Authority. Thus parents/carers may use the Local Education Authority (LEA) procedure if they believe that the school, governing body or the LEA are failing to: a) provide the national curriculum in the school for a particular child b) follow the law on charging for school activities such as school trips c) offer approved qualifications or syllabuses d) provide religious education and collective worship e) provide the information that a parent may require 2

3 f) carry out any other statutory duty in relation to the curriculum g) act reasonably in any of the above cases. 2. A complaint is an expression of dissatisfaction, however made. This Policy covers complaints made, by a parent or person with a legitimate interest in the school but not employed to work at the school, about the school, its policies or procedures, and the conduct, actions or omissions of members of staff employed at the school. 3. Initially most complaints will be verbal. There should not be a requirement for the Complainant to put their complaint in writing at the informal stages. 4. It is very important that all complaints are dealt with as swiftly as possible. Failure to address complaints promptly frequently results in greater dissatisfaction. Complaints and concerns related to issues, which occurred more than two months previously, will generally be ruled "out of time". 5. The School and Governing Body have no ability to investigate anonymous complaints. It is expected that parents/carers will sign their letters and be prepared to allow the school to conduct a thorough and vigorous investigation. This process cannot be instigated if the communications are anonymous and any such correspondence that is received will be disregarded. 6. School and Governing Body will not investigate complaints deemed as vexatious (i.e. complaints made without foundation and made simply to cause annoyance) and any related correspondence deemed as vexatious will be disregarded Good Practice 1. It is good practice for the Governing Body at their Autumn term meeting to elect a panel for the resolution of complaints. 2. It is good practice for a register of complaints to be kept, tracking all complaints no matter how trivial, and for the register to be periodically reviewed by the Headteacher (or whoever the Headteacher chooses to delegate this responsibility to) in order to identify trends, etc. High-level trends will be reported to the Governing Body annually. Scope The following is a list of type of issues that can be covered by this procedure. The List is not exhaustive: Bullying Special needs issues and/or provision Incidents occurring within the school boundaries A pupils progress and/or welfare An action or decision of the Headteacher Staff, pupil or governor behaviour An issue with a school policy, budget management or use of facilities 3

4 The following is a list of type of issues that are not covered by this procedure: The Local Authority s decision on special educational needs assessments and school placements School admissions and transfers these are covered by the Admission Policy Exclusions Staff grievance (i.e. staff raising a grievance as opposed to a parent raising a grievance about a member of staff) or disciplinary matters Financial impropriety and/or other criminal activity Alleged child abuse this is covered the Safeguarding and Child Protection Polices Guidelines Informal/Preliminary Stage The school prides itself in maintaining an open and collaborative relationship with parents/carers and wishes to address any complaints as quickly and amicably as possible. 1. Parents/carers are encouraged to speak informally with their child's tutor or subject teacher as soon as they have a concern. Most complaints can be quickly and satisfactorily resolved in this way. If the complaint specifically relates to the tutor or subject teacher then in the first instance the parent/carer is encouraged to speak informally with the Head of Department, Head of Year. If the complaint involves any other member of staff such as Head of Department, Head of Year or support staff, then in the first instance the parent/carer is encouraged to speak informally with the Head of Department, Head of Year or Headteacher as relevant to the complaint. 2. If the Complainant is not satisfied with the response from the tutor or subject teacher, they should be advised to take their complaint to the appropriate line manager, e.g. Head of Year or Head of Department. Formal Stage One Headteacher Hearing 1. If the Complainant is still not satisfied they should write to or telephone the Headteacher, giving details of the concern and enclosing any appropriate paperwork. A complaints form is available on request. Note that if the complaint is about the Headteacher, then the procedure should continue at Formal Stage The Headteacher or designated senior member of staff will respond in writing within five working days to acknowledge the complaint or even offer a full response. 3. If the complaint requires an in-depth investigation, the Headteacher will acknowledge the complaint within five working days and prepare a full written response within 20 school days. 4

5 Formal Stage Two Chair of Governing Body Hearing 1. If the Complainant is not satisfied with the outcome of the response from the Headteacher, they should be advised of their right to write to the Chair of the Governing Body (at the school address) setting out their complaint. Note that parents/carers should not write to governors individually as this may make it difficult to set up the panel of three governors that may be required in Stage 3 who have had no prior involvement in the case. 2. The Chair of the Governing Body will contact, within five working days, the Complainant to acknowledge the complaint, and separately meet with the Headteacher. 3. Having considered the complaint the Chair will either write to the Complainant with his/her findings or, if necessary, meet with the Complainant and the Headteacher in an attempt to resolve the matter. The Chair of the Governing Body may wish to seek advice, and or, support from the LEA at this stage in the procedure. The Chair of Governors will need to decide who is responsible for dealing with the issues involved, and therefore what powers are available to governors with respect to the particular complaint. Formal Stage Three - Governing Body Panel Hearing 1. Should either the Complainant or the Headteacher be dissatisfied with the outcome of the Chair of Governors' investigation they may ask for the matter to be referred to a panel of the Governing Body by writing to the Clerk of the Governing Body, setting out the reasons for the referral and providing the other party with a copy of the letter. 2. The Clerk of the Governing Body will acknowledge receipt of the complaint and will arrange a suitable date and time for a Governing Body Hearing, preferably within 20 days, and advise the Complainant and the Headteacher that they may be accompanied by a friend or representative at the hearing. 3. Both the Complainant and the Headteacher will provide the Clerk with any documentation to be used at the hearing, and the names of any witnesses to be called at least five days before the hearing takes place. In the documentation, the Complainant or the Headteacher should describe the issues in detail and say why they are dissatisfied with the outcomes of the previous stages. 4. The Clerk will distribute all documentation to both parties and to the members of the Governing Body Panel at least three days before the hearing. 5. At the hearing the following procedure will be followed: Prior to the meeting, the panel will have agreed a Chair for the meeting and made arrangements for a note taker to be present. The Complainant and the Headteacher, together with their friend or representative, will enter the hearing. 5

6 The Chair explains the purpose of the meeting and introduces those present. The person calling the hearing (the Complainant or the Headteacher) presents their case and may call on witnesses to support their case. The respondent presents their case and may also call on witnesses. All parties, and their witnesses if any, can be questioned by the Panel and the other party. Both parties sum up their cases. Both parties withdraw. The Panel will then consider the case and arrive at a judgement. The Chair of the Panel will then write to both parties within seven days to advise them of the Panel s findings. Note that the Panel does not have any disciplinary powers. Should they reach a conclusion that there is a possibility that an employee may have behaved unprofessionally the matter should be referred to the Headteacher or the Chair of the Governing Body, who will consult with officers of the LEA. Also note that this is the final stage of the School s internal complaints procedure. Once the final decision of the Panel has been communicated to the complainant the matter is considered closed. Any further communications to the Headteacher, Chair of Governors, Governing Body or School on the issue will be read and filed but not responded to. Post Hearing Subsequent Recourse The Complainant has the right of appeal to the Local Education Authority ONLY in the case of complaints about statutory provision and will be advised of their rights. In cases of GENERAL complaints about the school the Complainant may pursue their complaint with the Secretary of State. November

7 ALDWORTH SCHOOL COMPLAINTS FORM When we receive a complaint we aim to acknowledge it within five school days and send a full or interim response within twenty school days. Name of Complainant:... Address: Telephone:... Day Evening... Pupil s name, if appropriate:... What is your concern and how has it affected you? Are you attaching any paperwork? If so, please list this below.

8 Have you discussed the matter with a member of staff before filling in this form? If so, who did you speak to and what was the response? What would you like to happen as a result of this complaint? Signature:... Date:... For office use only Reference Number Initial response and acknowledgement Action taken: (by whom) Date: Data Protection Act, 1998 We will only process your personal data to respond to your complaint. In general, this data will be used for administrative and statistical purposes.