Responsibility to present to Governors Headteacher
Approval September 2022
Next Review September 2024
Statutory Yes
Required on school website Yes
We care about what you think
The policy of St Michael’s CE High School is to work in partnership with parents/carers ‘Team St Michael’s and the wider community. We try hard to do our best for all our pupils. Your views help us plan for the future. We like to know when things are going well. We also want parents/carers to tell us about their worries, concerns or complaints as soon as possible. It is much easier for the school to sort out a recent problem than something that happened some time ago.
Our commitment to you:
• We will deal with your concern or complaint in a professional manner.
• It will be looked into thoroughly, fairly and as quickly as possible.
• We will keep you up-to-date with what we are doing.
• We will apologise if the school has made a mistake.
• We will tell you what we are going to do to put things right.
Who can make a complaint?
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 St Michael’s 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.
The difference between a concern and a complaint
A concern may be defined as ‘anexpressionofworryordoubtoveranissueconsideredtobe importantforwhichreassurancesaresought’
A complaint may be defined as ‘anexpressionofdissatisfactionhowevermade,aboutactionstaken oralackofaction’.
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. St Michael’s 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, Mrs Jenks, the Headteacher, will refer you to another staff member. Similarly, if the member of staff directly involved feels unable to deal with a concern, Mrs Jenks 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, St Michael’s will attempt to resolve the issue internally, through the stages outlined within this complaints procedure.
How to raise a concern or make a complaint
A concern or complaint can be made in person, in writing or by telephone. They may also be made by a third party acting on behalf of a complainant, as long as they have appropriate consent to do so.
Complaints against school staff (except the head teacher) should be made in the first instance, to the headteacher via the school office. Please mark them as Private and Confidential.
Complaints that involve or are about the head teacher should be addressed to the Chair of Governors, via the school office. Please mark them as Private and Confidential.
Complaints about the Chair of Governors, any individual governor or the whole governing body should be addressed to the Governance Professional 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 a third-party organisation for example like the 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.
Anonymous complaints
We will not normally investigate anonymous complaints. However, the head teacher or Chair of Governors, if appropriate, will determine whether the complaint warrants an investigation.
Time scales
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.
Complaints received outside of term time
We will consider complaints made outside of term time to have been received on the first school day after the holiday period.
Scope of this complaints procedure
This procedure covers all complaints about any provision of community facilities or services by St Michael’s, other than complaints that are dealt with under other statutory procedures, including those listed below.
Exceptions
• Admissions to schools
Who to contact
Concerns about admissions should be handled through a separate process – either through the appeals process or via the local authority.
• Matters likely to require a Child Protection Investigation Complaints about child protection matters are handled under our Child Protection and Safeguarding Policy and in accordance with relevant statutory guidance.
If you have serious concerns, you may wish to contact the local authority designated officer (LADO) who has local responsibility for safeguarding or the Multi-Agency Safeguarding Hub (MASH).
• Exclusion of children from school*
• Whistleblowing
Further information about raising concerns about exclusion can be found at: www.gov.uk/schooldiscipline-exclusions/exclusions.
*complaintsabouttheapplicationoftheBehaviourPolicy canbemadethroughtheschool’scomplaintsprocedure.
We have an internal whistleblowing procedure for all our employees, including temporary staff and contractors.
The Secretary of State for Education is the prescribed person for matters relating to education for whistleblowers in education who do not want to raise matters direct with their employer. Referrals can be made at: www.education.gov.uk/contactus.
Volunteer staff who have concerns about our school should complain through the school’s complaints procedure. You may also be able to complain direct to the LA or the Department for Education (see link above), depending on the substance of your complaint.
• Staff grievances Complaints from staff will be dealt with under the school’s internal grievance procedures.
• Staff conduct Complaints about staff will be dealt with under the school’s internal disciplinary procedures, if appropriate.
Complainants will not be informed of any disciplinary action taken against a staff member as a result of a complaint. However, the complainant will be notified that the matter is being addressed.
If other bodies are investigating aspects of the complaint, for example the police, local authority (LA) 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 this happens, we will inform you of a proposed new timescale.
If a complainant commences legal action against St Michael’s in relation to their complaint, we will consider whether to suspend the complaints procedure until those legal proceedings have concluded.
Resolving complaints
At each stage in the procedure, St Michael’s 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:
• an explanation
• an admission that the situation could have been handled differently or better
• an assurance that we will try to ensure the event complained of will not recur
• an explanation of the steps that have been or will be taken to help ensure that it will not happen again and an indication of the timescales within which any changes will be made
• an undertaking to review school policies in light of the complaint
• an apology.
Withdrawal of a complaint
If a complainant wants to withdraw their complaint, we will ask them to confirm this in writing.
Stage 1 – Informal complaints
It is to be hoped that most concerns can be expressed and resolved on an informal basis.
Concerns should be raised with either the class teacher, year head / subject head or head teacher. 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 3 of the procedure.
At the conclusion of their investigation, the appropriate person investigating the complaint will provide an informal written response within 20 school days of the date of receipt of the complaint.
If the issue remains unresolved, the next step is to make a formal complaint.
Stage 2 – Formal complaints
Formal complaints must be made to the head teacher (unless they are about the head teacher), via the school office. This may be done in person or in writing (preferably on the Complaint Form).
The head teacher will record the date the complaint is received and will acknowledge receipt of the complaint in writing (either by letter or email) within 5 school days.
Within this response, the head teacher will seek to clarify the nature of the complaint, ask what remains unresolved and what outcome the complainant would like to see. The head teacher can consider whether a face to face meeting is the most appropriate way of doing this.
Note:Theheadteachermaydelegatetheinvestigationtoanothermemberoftheschool’s seniorleadershipteambutnotthedecisiontobetaken.
During the investigation, the head teacher (or investigator) will:
• if necessary, interview those involved in the matter and/or those complained of, allowing them to be accompanied if they wish
• keep a written record of any meetings/interviews in relation to their investigation.
At the conclusion of their investigation, the head teacher will provide a formal written response within 20 school days of the date of receipt of the complaint.
If the head teacher 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 St Michael’s will take to resolve the complaint.
The head teacher will advise the complainant of how to escalate their complaint should they remain dissatisfied with the outcome of Stage 2.
If the complaint is about the head teacher, 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 2.
Complaints about the head teacher or member of the governing body must be made to the Governance Professional, via the school office.
If the complaint is:
• jointly about the Chair and Vice Chair or
• the entire governing body or
• the majority of the governing body
Stage 2 will be considered by an independent investigator appointed by the governing body. At the conclusion of their investigation, the independent investigator will provide a formal written response.
Stage 3 – Panel Hearing
If the complainant is dissatisfied with the outcome at Stage 2 and wishes to take the matter further, they can escalate the complaint to Stage 3 – a panel hearing consisting of at least three people who were not directly involved in the matters detailed in the complaint with one panel member who is independent of the management and running of the school. This is the final stage of the complaints procedure.
A request to escalate to Stage 3 must be made to the Governance Professional, via the school office, within 20 school days of receipt of the Stage 2 response.
The Governance Professional will record the date the complaint is received and acknowledge receipt of the complaint in writing (either by letter or email) within 5 school days.
Requests received outside of this time frame will only be considered if exceptional circumstances apply.
The Governance Professional will write to the complainant to inform them of the date of the meeting. They will aim to convene a meeting within 20 school days of receipt of the Stage 2 request. If this is not possible, the Governance Professional will provide an anticipated date and keep the complainant informed.
If the complainant rejects the offer of three proposed dates, without good reason, the Governance Professional 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.
If the complaint is:
• jointly about the Chair and Vice Chair or
• the entire governing body or
• the majority of the governing body
Stage 3 will be heard by a completely independent committee panel.
A complainant may bring someone along to the panel meeting to provide support. This can be a relative or friend. Generally, we do not encourage either party to bring legal representatives to the committee 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.
Note:Complaintsaboutstaffconductwillnotgenerallybehandledunderthiscomplaintsprocedure. Complainantswillbeadvisedthatanystaffconductcomplaintswillbeconsideredunder(Human Resources)staffdisciplinaryprocedures,ifappropriate,butoutcomeswillnotbesharedwiththem.
Representatives from the media are not permitted to attend.
At least 5 school days before the meeting, the Governance Professional will:
• confirm and notify the complainant of the date, time and venue of the meeting, ensuring that, if the complainant is invited, the dates are convenient to all parties and that the venue and proceedings are accessible
• request copies of any further written material to be submitted to the committee at least 5 school days before the meeting.
Any written material will be circulated to all parties at least 5 school days before the date of the meeting. The committee will not normally accept, as evidence, recordings of conversations that were obtained covertly and without the informed consent of all parties being recorded.
The committee will also not review any new complaints at this stage or consider evidence unrelated to the initial complaint to be included. New complaints must be dealt with from Stage 1 of the 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. Consent will be recorded in any minutes taken.
The committee will consider the complaint and all the evidence presented. The committee can:
• uphold the complaint in whole or in part
• dismiss the complaint in whole or in part.
If the complaint is upheld in whole or in part, the committee will:
• decide on the appropriate action to be taken to resolve the complaint
• where appropriate, recommend changes to the school’s systems or procedures to prevent similar issues in the future.
The Chair of the Committee will provide the complainant and St Michael’s with a full explanation of their decision and the reason(s) for it, in writing, within 10 school days.
The letter to the complainant will include details of how to contact the Education and Skills Funding Agency (ESFA) if they are dissatisfied with the way their complaint has been handled by St Michael’s.
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 St Michael’s will take to resolve the complaint.
The panel will ensure that those findings and recommendations are sent by electronic mail or otherwise given to the complainant and, where relevant, the person complained about. Furthermore, they will be available for inspection on the school premises by the proprietor and the head teacher.
A written record will be kept of all complaints, and of whether they are resolved at the preliminary stage or proceed to a panel hearing, along with what actions have been taken, regardless of the decision.
All correspondence, statements and records relating to individual complaints will be kept confidential except where the Secretary of State or a body conducting an inspection under section 109 of the 2008 Act requests access to them.
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 ESFA after they have completed Stage 3.
The ESFA will not normally reinvestigate the substance of complaints or overturn any decisions made by St Michael’s. They will consider whether St Michael’s has adhered to education legislation and any statutory policies connected with the complaint and whether they have followed Part 7 of the Education (Independent School Standards) Regulations 2014.
The complainant can refer their complaint to the ESFA online at: www.education.gov.uk/contactus, by telephone on: 0370 000 2288 or by writing to:
Academy Complaints and Customer Insight Unit
Education and Skills Funding Agency
Cheylesmore House
5 Quinton Road
Coventry
CV1 2WT
Complaint Form
Please complete and return to Mrs Jenks (Head teacher) who will acknowledge receipt and explain what action will be taken.
Your name:
Pupil’s name (if relevant):
Your relationship to the pupil (if relevant):
Address:
Postcode:
Day time telephone number:
Evening telephone number:
Email address:
Please give details of your complaint, including whether you have spoken to anybody at the school about it.
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:
Action taken:
Date:
Persistent complaints
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 time frames 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.
Complaint campaigns
Where the school receives a large volume of complaints about the same topic or subject, especially if these come from complainants unconnected with the school, the school may respond to these complaints by:
• Publishing a single response on the school website
• Sending a template response to all of the complainants. If complainants are not satisfied with the school’s response, or wish to pursue the complaint further, the normal procedures will apply.
Roles and Responsibilities
Complainant
The complainant will receive a more effective response to the complaint if they:
• explain the complaint in full as early as possible
• co-operate with the school in seeking a solution to the complaint
• respond promptly to requests for information or meetings or in agreeing the details of the complaint
• ask for assistance as needed
• treat all those involved in the complaint with respect
• refrain from publicising the details of their complaint on social media and respect confidentiality.
Investigator
The investigator’s role is to establish the facts relevant to the complaint by:
• providing a comprehensive, open, transparent and fair consideration of the complaint through:
o sensitive and thorough interviewing of the complainant to establish what has happened and who has been involved
o interviewing staff and children/young people and other people relevant to the complaint
o consideration of records and other relevant information
o analysing information
• liaising with the complainant and the complaints co-ordinator as appropriate to clarify what the complainant feels would put things right.
The investigator should:
• conduct interviews with an open mind and be prepared to persist in the questioning
• keep notes of interviews or arrange for an independent note taker to record minutes of the meeting
• ensure that any papers produced during the investigation are kept securely pending any appeal
• be mindful of the timescales to respond
• prepare a comprehensive report for the head teacher or complaints committee that sets out the facts, identifies solutions and recommends courses of action to resolve problems.
• The head teacher or complaints committee 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 could be the head teacher / designated complaints governor or other staff member providing administrative support)
The complaints co-ordinator should:
• ensure that the complainant is fully updated at each stage of the procedure
• liaise with staff members, head teacher, Chair of Governors or the Governance Professional and to ensure the smooth running of the complaints procedure
• be aware of issues regarding:
o sharing third party information
o additional support. This may be needed by complainants when making a complaint including interpretation support or where the complainant is a child or young person
• keep records.
Governance Professional / Trust Board
The Governance Professional is the contact point for the complainant and the committee and should:
• ensure that all people involved in the complaint procedure are aware of their legal rights and duties, including any under legislation relating to school complaints, education law, the Equality Act 2010, the Freedom of Information Act 2000, the Data Protection Act (DPA) 2018 and the General Data Protection Regulations (GDPR)
• set the date, time and venue of the meeting, ensuring that the dates are convenient to all parties (if they are invited to attend) and that the venue and proceedings are accessible
• collate any written material relevant to the complaint (for example: stage 1 paperwork, school and complainant submissions) and send it to the parties in advance of the meeting within an agreed timescale
• record the proceedings
• circulate the minutes of the meeting
• notify all parties of the committee’s decision.
Committee Chair
The committee’s chair, who is nominated in advance of the complaint meeting, should ensure that:
• both parties are asked (via the Governance Professional) to provide any additional information relating to the complaint by a specified date in advance of the meeting
• the meeting is conducted in an informal manner, is not adversarial, and that, if all parties are invited to attend, everyone is treated with respect and courtesy
• complainants who may not be used to speaking at such a meeting are put at ease. This is particularly important if the complainant is a child/young person
• the remit of the committee is explained to the complainant
• written material is seen by everyone in attendance, provided it does not breach confidentiality or any individual’s rights to privacy under the DPA 2018 or GDPR.
If a new issue arises it would be useful to give everyone the opportunity to consider and comment upon it; this may require a short adjournment of the meeting
• both the complainant and the school are given the opportunity to make their case and seek clarity, either through written submissions ahead of the meeting or verbally in the meeting itself
• the issues are addressed
• key findings of fact are made
• the committee is open-minded and acts independently
• no member of the committee has an external interest in the outcome of the proceedings or any involvement in an earlier stage of the procedure
• the meeting is minuted
• they liaise with the Governance Professional (and complaints co-ordinator, if the school has one).
Committee Member
Committee members should be aware that:
• the meeting must be independent and impartial, and should be seen to be so no governor may sit on the committee if they have had a prior involvement in the complaint or in the circumstances surrounding it.
• the aim of the meeting should be to resolve the complaint and achieve reconciliation between the school and the complainant
We recognise that the complainant might not be satisfied with the outcome if the meeting does not find in their favour. It may only be possible to establish the facts and make recommendations.
• many complainants will feel nervous and inhibited in a formal setting
Parents/carers often feel emotional when discussing an issue that affects their child.
• extra care needs to be taken when the complainant is a child/young person and present during all or part of the meeting
Careful consideration of the atmosphere and proceedings should ensure that the child/young person does not feel intimidated.
The committee should respect the views of the child/young person and give them equal consideration to those of adults.
If the child/young person is the complainant, the committee should ask in advance if any support is needed to help them present their complaint. Where the child/young person’s parent is the complainant, the committee should give the parent the opportunity to say which parts of the meeting, if any, the child/young person needs to attend.
However, the parent should be advised that agreement might not always be possible if the parent wishes the child/young person to attend a part of the meeting that the committee considers is not in the child/young person’s best interests.
• the welfare of the child/young person is paramount.