Complaints Policy
Aims
Our provision aims to meet its statutory obligations when responding to complaints from parents of pupils, and others.
When responding to complaints, we aim to:
Be impartial and non-adversarial
Facilitate a full and fair investigation by an independent person or panel, where necessary
Address all the points at issue and provide an effective and prompt response
Respect complainants’ desire for confidentiality
Treat complainants with respect and courtesy
Make sure that any decisions we make are lawful, rational, reasonable, fair and proportionate, in line with the principles of administrative law
Keep complainants informed of the progress of the complaints process
Consider how the complaint can feed into school improvement evaluation processes
We try to resolve concerns or complaints by informal means wherever possible. Where this is not possible, formal procedures will be followed.
The provision will aim to give the complainant the opportunity to complete the complaints procedure in full.
To support this, we will make sure we publicise the existence of this policy and make it available on the provision website.
Throughout the process, we will be sensitive to the needs of all parties involved, and make any reasonable adjustments needed to accommodate individuals.
LEGISLATION AND GUIDANCE
This document meets the requirements of section 29 of the Education Act 2002, which states that schools must have and make available a procedure to deal with all complaints relating to their school and to any community facilities or services that the school provides.
It is also based on guidance for schools on complaints procedures from the Department for Education (DfE), including the model procedure, and model procedure for dealing with serial and unreasonable complaints.
This document meets the requirements set out in part 7 of the schedule to the Education (Independent School Standards) Regulations 2014, which states that we must have and make available a written procedure to deal with complaints from parents of pupils at the school.
It is also based on guidance published by the Education and Skills Funding Agency (ESFA) on creating a complaints procedure that complies with the above regulations, and refers to good practice guidance on setting up complaints procedures from the Department for Education (DfE).
This document meets the requirements of section 35 of the schedule to the Education (Non-Maintained Special Schools) (England) Regulations 2011, which states that non-maintained special schools must have and make available a written procedure to deal with complaints relating to their school.
It also refers to good practice guidance on setting up complaints procedures from the Department for Education (DfE).
DEFINITIONS AND SCOPE
Definitions
The DfE guidance explains the difference between a concern and a complaint:
A concern is defined as “an expression of worry or doubt over an issue considered to be important for which reassurances are sought”
A complaint is defined as “an expression of dissatisfaction however made, about actions taken or a lack of action”
Scope
The provision intends to resolve complaints informally where possible, at the earliest possible stage.
There may be occasions when complainants would like to raise their concerns formally. This policy outlines the procedure relating to handling such complaints.
This policy does not cover complaints procedures relating to:
Admissions
Statutory assessments of special educational needs (SEN)
Safeguarding matters
Suspension and permanent exclusion
Whistle-blowing
Staff grievances
Staff discipline
Complaints about services provided by other providers who use provision premises or facilities should be directed to the provider concerned.
ROLES AND RESPONSIBILITIES
The complainant
The complainant will get a more effective and timely response to their complaint if they:
Follow these procedures
Co-operate with the school throughout the process, and respond to deadlines and communication promptly
Ask for assistance as needed
Treat all those involved with respect
Do not publish details about the complaint on social media
The investigator
An individual will be appointed to look into the complaint and establish the facts. They will:
Interview all relevant parties, keeping notes
Consider records and any written evidence and keep these securely
Prepare a comprehensive report to the headteacher or complaints committee, which includes the facts and potential solutions
The complaints co-ordinator
The complaints co-ordinator can be:
The Compliance Officer
The Director of Education
Any other staff member providing administrative support
PRINCIPLES FOR INVESTIGATION
When investigating a complaint, we will try to clarify:
What has happened
Who was involved
What the complainant feels would put things right
TIMESCALES
The complainant must raise the complaint within 3 months of the incident. If the complaint is about a series of related incidents, they must raise the complaint within 3 months of the last incident.
We will consider exceptions to this timeframe in circumstances where there were valid reasons for not making a complaint at that time and the complaint can still be investigated in a fair manner for all involved.
When complaints are made out of term time, we will consider them to have been received on the first school day after the holiday period.
If at any point we cannot meet the timescales we have set out in this policy, we will:
Set new time limits with the complainant
Send the complainant details of the new deadline and explain the delay
We will notify parents and carers if we become aware that the school is to be inspected by Ofsted. We will also supply a copy of the inspection report to parents and carers of children attending the setting on a regular basis.
STAGES OF COMPLAINT
Stage 1: informal
The school will take informal concerns seriously and make every effort to resolve the matter quickly. It may be the case that the provision or clarification of information will resolve the issue.
The complainant should raise the complaint as soon as possible with the relevant member of staff or The Director of Education, either in person or by letter, telephone or email. If the complainant is unclear who to contact or how to contact them, they should contact the provision office on 01793 671203 or email office@huntscholars.co.uk
The provision will acknowledge informal complaints within 2 working days, and investigate and provide a response within 5 working days from acknowledgement.
The informal stage will involve a meeting between the complainant and either the, as appropriate.
If the complaint is not resolved informally, it will be escalated to a formal complaint.
Stage 2: formal
Formal complaints can be raised:
By letter or email
Over the phone
In person
By a third party acting on behalf of the complainant
The complainant should provide details such as relevant dates, times, and the names of witnesses of events, alongside copies of any relevant documents, and what they feel would resolve the complaint.
The Compliance Officer will record the date the complaint is received and will acknowledge receipt of the complaint in writing (either by letter or email) within 5 working days.
In certain circumstances, the school may need to refuse a request for a particular individual to attend any such meeting – for example, if there is a conflict of interest. If this is the case, the school will notify the complainant as soon as they are aware, so that the complainant has the opportunity to arrange alternative accompaniment.
The Compliance Officer (or other person appointed by The Compliance Officer) will then conduct their own investigation. The written conclusion of this investigation will be sent to the complainant within 14 working days.
If the complainant wishes to proceed to the next stage of the procedure, they should inform The Compliance Officer within 5 working days of the written conclusion.
How to escalate a complaint
Complaints can be escalated by contacting The Compliance Officer:
By letter or email
Over the phone
In person
Through a third party acting on behalf of the complainant
If the complainant wishes to proceed to the next stage of the procedure, they should inform The Compliance Officer 5 working days of the initial outcome. Requests received outside of this timeframe will be considered in exceptional circumstances.
The Compliance Officer will establish a panel of 3 people who are were not directly involved in the original complaint investigation. They will notify parents/carers at least 5 working days before the panel is due to take place.
Stage 3: submit the complaint to the review panel
Convening the panel
The review panel will consist of 3 independent people. These individuals will have access to the existing record of the complaint’s progress
The complainant will be given reasonable notice of the date of the review panel. The provision will aim to find a date within 15 working days of the request, where possible.
If the complainant rejects the offer of 3 proposed dates without good reason, the provision will set a date. The hearing will go ahead using written submissions from both parties.
Any written material will be circulated to all parties at least 5 working days before the date of the meeting.
At the meeting
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 will be sought before meetings or conversations take place. Consent will be recorded in any minutes taken.
At the review panel meeting, the complainant and representatives from the provision, as appropriate, will be present. Each will have an opportunity to set out written or oral submissions prior to the meeting.
The complainant must be allowed to attend the panel hearing and be accompanied by a suitable companion if they wish. We don’t encourage either party to bring legal representation, but will consider it on a case-by-case basis.
Representatives from the media are not permitted to attend.
At the meeting, each individual will have the opportunity to give statements and present their evidence, and witnesses will be called as appropriate to present their evidence.
The panel, the complainant and the provision representative will be given the chance to ask and reply to questions. Once the complainant and provision representatives have completed presenting their cases, they will be asked to leave, and evidence will then be considered.
The panel will then put together its findings and recommendations from the case. The panel will also provide copies of the minutes of the hearing and the findings and recommendations to the complainant and, where relevant, the subject of the complaint, and make a copy of the findings and recommendations available for inspection by the Director of Education and Compliance Officer.
The outcome
The committee can:
Uphold the complaint, in whole or in part
Dismiss the complaint, in whole or in part
If the complaint is upheld, the committee will:
Decide the appropriate action to resolve the complaint
Where appropriate, recommend changes to the provision’s systems or procedures to prevent similar issues in the future
The provision will inform those involved of the decision in writing within 5 working days.
UNREASONABLY PERSISTENT COMPLAINTS
Most complaints raised will be valid, and therefore we will treat them seriously. However, a complaint may become unreasonable if the person:
Has made the same complaint before, and it’s already been resolved by following the school’s complaints procedure
Makes a complaint that is obsessive, persistent, harassing, prolific, defamatory or repetitive
Insists on pursuing a complaint that is unfounded, or out of scope of the complaints procedure, beyond all reason
Pursues a valid complaint, but in an unreasonable manner, e.g. refuses to articulate the complaint, refuses to co-operate with this complaints procedure, or insists that the complaint is dealt with in ways that are incompatible with this procedure and the timeframes it sets out
Makes a complaint designed to cause disruption, annoyance or excessive demands on school time
Seeks unrealistic outcomes, or a solution that lacks any serious purpose or value
STEPS WE WILL TAKE
We will take every reasonable step to address the complainant’s concerns, and give them a clear statement of our position and their options. We will maintain our role as an objective arbiter throughout the process, including when we meet with individuals. We will follow our complaints procedure as normal (as outlined above) wherever possible.
If the complainant continues to contact the school in a disruptive way, we may put communications strategies in place. We may:
Give the complainant a single point of contact via an email address
Limit the number of times the complainant can make contact, such as a fixed number per term
Ask the complainant to engage a third party to act on their behalf, such as Citizens Advice
Put any other strategy in place as necessary.
STOPPING RESPONDING
We may stop responding to the complainant when all of these factors are met:
We believe we have taken all reasonable steps to help address their concerns
We have provided a clear statement of our position and their options
The complainant contacts us repeatedly, and we believe their intention is to cause disruption or inconvenience
Where we stop responding, we will inform the individual that we intend to do so. We will also explain that we will still consider any new complaints they make.
In response to any serious incident of aggression or violence, we will immediately inform the police and communicate our actions in writing. This may include barring an individual from our school site.
DUPLICATE COMPLAINTS
If we have resolved a complaint under this procedure and receive a duplicate complaint on the same subject from a partner, family member or other individual, we will assess whether there are aspects that we hadn’t previously considered, or any new information we need to take into account.
If we are satisfied that there are no new aspects, we will:
Tell the new complainant that we have already investigated and responded to this issue, and that the local process is complete
Direct them to the DfE if they are dissatisfied with our original handling of the complaint
If there are new aspects, we will follow this procedure again.
RECORD KEEPING AND CONFIDENTIALITY
The provision will record the progress of all complaints, including information about actions taken at all stages, the stage at which the complaint was resolved, and the final outcome. The records will also include copies of letters and emails, and notes relating to meetings and phone calls.
This material will be treated as confidential and stored securely, and will be viewed only by those involved in investigating the complaint or on the review panel.
Records of complaints will be kept securely, only for as long as necessary and in line with data protection law, our privacy notices and GDPR/Data Protection Policy