Welcome Managing concerns and complaints How should schools handle complaints? This session links to guidance from the DfE and local authorities, and looks at their recommended procedures for resolving complaints.

Who can make a complaint The DfE's advice for maintained schools says that any person can make a complaint about "any provision of facilities or services that a school provides, unless separate statutory procedures apply (such as exclusions or admissions)". Advice for academies says they should make clear how people who are not parents or carers of children at the school can make a complaint. An academy may use the same procedure as for parents, or can choose to develop a different one.

The Law Maintained schools are required to have procedures in place for managing complaints under section 29 of the Education Act Academies must have a complaints procedure that meets the standards set out in Schedule 1, Part 7 of the Education (Independent School Standards (England) Regulations Whistle Blowing remain the same

DfE Guideance The DfE has published guidance for maintained schools and academies to help them develop complaints procedures. On page 4 of its best practice advice document, the DfE says that governing bodies of maintained schools/academies are free to adopt model procedures from the local authority (LA), but they must ensure that these are tailored to meet the needs and circumstances of their school.

DfE Guidance

When should governors get involved? Governors should not be involved in the early stages of complaints It explains that if parents raise a concern with a governor at an early stage, the governor should refer them to the most appropriate member of staff and inform the headteacher.

When should governors get involved? Page 7 of the DfE's advice for maintained schools says that complaints should not be shared with the whole governing body, except in very general terms, in case an appeal panel needs to be organised. If the whole governing body is aware of the substance of a complaint before the final stage has been completed, schools should arrange for an independent panel to hear the complaint. They may approach a different school to ask for help or the local Governor Services

What stages should a complaint procedure have? Maintained schools Page 6 of the DfE's advice for maintained schools says that they:... are free to choose how many stages their procedure will include – two or three formal school- based stages are likely to be sufficient for most schools

What stages should a complaint procedure have? Academies Academy complaints procedures must include a minimum of three stages comprising: An informal stage (usually a meeting with the complainant) A formal stage in which the complaint is put in writing and considered A panel hearing Panels in academies must include one member who is independent of the management and running of the academy. The DfE says:……..

The panel cannot be made up solely of governing body members because they are not independent of the management and running of the academy. It is a matter for the academy to identify suitably independent individuals who can fulfil the role and responsibility of being the independent members.

Suggested Stages from RBWM Discussion of the concern with a member of staff Consideration by the headteacher Consideration by a nominated governor Consideration by a review panel of governors

Suggested Stages from RBWM Informal stage - dealing with concerns: initial concerns are heard by a member of staff on an informal basis, either in person, by telephone or in writing a formal written complaint is considered by the headteacher or a representative. If the complaint is about the headteacher it is considered by the chair of governors or a nominated governor. The decision at this stage is usually final What does this look like?

Suggested Stages from RBWM – Stage 1

Stage 2

Stage 3

Stage 4

Final Stage The Chair of the Panel needs to ensure that the complainant is notified of the panel’s decision, in writing, with the panel’s response (including the reasons for the decision); this is usually within a set deadline which is publicised in the procedure. The letter needs to explain if there are any further rights of appeal and, if so, to whom they need to be addressed. This may be the LA or Diocesan Board. The final stage of appeal is to the Secretary of State for Education. Complainants should be advised to write to The School Complaints Unit (SCU)

Governors/members appeal/complaint panels A governor appeal panel may need to be convened where a complaint has not been resolved during earlier informal/formal stages. On page 6 of its advice for maintained schools, the DfE explains that schools can determine the remit of panels when agreeing their procedures for hearing complaints.

Format of a complaints panel Complainant puts forward case The investigating officer/School presents his or her report Either party asks questions, when invited to do so by the chair The panel asks any questions of either the complainants or the headteacher The panel will then: Reach its decision Decide on appropriate action Consider any recommendations it will make to review or change school policies or procedures

New Guidance Lets look at the Roles and Responsibilities in the January 2016 guidance

Serial and persistent complaints Pages 10 to 11 of the DfE's advice for maintained schools says that there will be occasions when, despite all stages of the complaint procedure having been followed, the complainant remains dissatisfied. It continues

Serial and persistent complaints It is important for schools to recognise when they really have done everything they can in response to a complaint. It is a poor use of schools’ time and resources to reply to repeated letters, s or telephone calls making substantially the same points. If a complainant tries to re-open the same issue, the chair of governors can inform them that the procedure has been completed and that the matter is now closed.

Serial and persistent complaints The DfE says schools should consider stopping responding to complainants where: The school has taken every reasonable step to address the complainant’s needs The complainant has been given a clear statement of the school’s position and their options (if any) They are contacting the school repeatedly but making substantially the same points each time

Serial and persistent complaints The case is stronger if the school agrees with one or more of these statements: The school has reason to believe the individual is contacting them with the intention of causing disruption or inconvenience - have they actually said as much in a letter, or telephone call? Their letters/ s/telephone calls are often or always abusive or aggressive They make insulting personal comments about or threats towards staff

Questions and Answers