COMPLAINTS POLICY ARUNSIDE PRIMARY SCHOOL. POLICY ADOPTED: 20 th JUNE 2016 THE POLICY IS TO BE REVIEWED: November 2017

Transcription

1 COMPLAINTS POLICY ARUNSIDE PRIMARY SCHOOL POLICY ADOPTED: 20 th JUNE 2016 THE POLICY IS TO BE REVIEWED: Nvember 2017

2 Arunside Primary Schl Blackbridge Lane West Sussex RH12 1RR Cmplaints Plicy (Parents and Pupils) Date Apprved by the Gverning Bdy: 20 th June 2016 Date fr Full Implementatin: 20 th June 2016 Date fr Review: Nvember 2017 Status: Statutry, pursuant t Chapter 1 f Part 3 f the Educatin Act 2002, Chapter 2 f Part 10 f the Apprenticeships, Skills, Children and Learning Act 2009, and the Cmplaints Against Schls (England) Regulatins Purpse: This Cmplaints Plicy applies t a cmplaint r cmplaints against a schl that a pupil r a parent f a pupil has sustained injustice in cnsequence f an act r missin f the Gverning Bdy f the schl r an exercise f, r failure t exercise a prescribed functin f the Headteacher f the schl. It des nt apply t a decisin abut admissins t the schl, r a matter in respect f which the pupil r parent has r had a prescribed right f appeal. An act is t be treated as an act f the Gverning Bdy f the schl where a persn acts n behalf f the Gverning Bdy, r is a persn t whm the Gverning Bdy has delegated any functins. An act is als t be treated as an act f the Gverning Bdy if the Gverning Bdy exercises a functin by arrangement with anther persn, and the act is dne by r n behalf f the ther persn carrying ut the arrangement. The schl and Gverning Bdy aim t deal with all cmplaints penly, fairly, prmptly and withut prejudice. Relatinship with ther plicies: This Cmplaints Plicy shuld be read in cnjunctin with the plicy n Cmplaints (General) and all ther schl plicies in frce at the relevant time. Rles and respnsibilities: The relevant Class Teacher shuld attempt t reslve all cmplaints by parents r pupils invlving the educatin and well-being f pupils in schl. If the relevant Class Teacher is unable t reslve the cmplaint, it will pass t the Headteacher. If the cmplaint is abut a member f schl staff, this shuld be dealt with by the Headteacher. If the Headteacher is unable t reslve the matter, r the cmplaint is abut the Headteacher, the cmplaint will pass t the Chair f Gvernrs and the final stage in the prcess is fr the Gverning Bdy t investigate the cmplaint. Arrangements fr mnitring and evaluatin: This plicy and the assciated prcedures will be reviewed by the Gverning Bdy n an annual basis.

3 Arunside Schl Cmplaints Prcedure Stage 1 [Infrmal] Cmplaint heard by staff member. 1.1 In the first instance the cmplainant shuld make an appintment t discuss their cncern with the apprpriate member f staff. 1.2 The cmplainant can bring a cmpanin with them t any prpsed meeting. 1.3 As gd practice a written recrd will be made f the meeting. All parties will have access t the recrd. 1.4 The persn facilitating the meeting will ensure all parties are clear abut any actins that have been agreed as a result. 1.5 This stage will be dealt with as speedily as pssible and cncluded in writing, as apprpriate. 1.6 If n satisfactry reslutin is reached the cmplainant can refer the cmplaint t the headteacher (if the headteacher was nt the member f staff the cncern was initially discussed with at pint 1.1). 1.7 If the member f staff directly invlved feels t cmprmised t deal with a cmplaint, the Cmplaints C-rdinatr may cnsider referring the cmplaint t anther member f staff. The member f staff may be mre senir but this is nt a requirement. The ability t cnsider the cmplaint bjectively and impartially is crucial. 1.8 Where the first apprach is made t a gvernr, the next step wuld be t refer the cmplainant t the apprpriate persn and advise them abut the prcedure. It wuld be useful if gvernrs did nt act unilaterally n an individual cmplaint utside the frmal prcedure r be invlved at the early stages in case they are needed t sit n a panel at a later stage f the prcedure. Stage 2 [Frmal] Cmplaint heard by head teacher, r by Chair f Gvernrs if the cmplaint is abut the head teacher. 2.1 Once the cmplaint has been referred, the headteacher will gain clarity ver the cmplaint and gain any supplementary infrmatin which may lead t reslutin at this stage. 2.2 The headteacher shuld meet with the cmplainant and/r subject f the cmplaint, if apprpriate. 2.3 The headteacher shuld meet, as apprpriate, with any witnesses and take a nte f any cmments made frm thse invlved. 2.4 Ntes will be kept f all meetings, cnversatins and f the receipt f any dcumentatin. 2.5 After establishing all the relevant facts, a written respnse will be recrded and sent t the cmplainant. The headteacher may meet with the cmplainant t discuss their findings as he/she decides is apprpriate.

4 2.6 The written recrd and respnse will include a full explanatin f the decisin reached and the reasns fr this. If any actin is t be taken at the schl, this will als be identified. 2.7 The Stage 2 prcesses will take place within a reasnable time, and usual practice is that this may take up t 10 schl days, hwever, every cmplaint is different and this may nt always be pssible. The headteacher will keep the cmplainant infrmed in writing f the n-ging time scale. 2.8 If the cmplainant is nt satisfied with the utcme f the Stage 2 investigatin, r the cmplaint is abut the headteacher, the cmplainant shuld write t the Chair f Gvernrs t request that their cmplaint is cnsidered further. Stage 3 [Frmal] - Cmplaint heard by the Chair f Gvernrs r anther nminated gvernr 3.1 If the cmplainant is nt satisfied with the respnse f the head teacher r the cmplaint is abut the headteacher, the cmplainant shuld write t the Chair f Gvernrs t request that their cmplaint is cnsidered at Stage Once the cmplaint has been received, the Chair f Gvernrs (r anther gvernr nminated by the Chair f Gvernrs) will gain clarity ver the cmplaint and gain any supplementary infrmatin which may lead t reslutin at this stage. 3.3 The Chair f Gvernrs (r nminated gvernr) shuld meet with the cmplainant and/r subject f the cmplaint, if apprpriate. 3.4 The Chair f Gvernrs (r nminated gvernr) shuld meet, as apprpriate, with any witnesses and take a nte f any cmments made by thse invlved. 3.5 Ntes will be kept f all meetings, cnversatins and f the receipt f any dcumentatin. 3.6 After establishing all the relevant facts, a written respnse will be recrded and sent t the cmplainant. The Chair f Gvernrs (r nminated gvernr) may meet with the cmplainant t discuss their findings as he/she decides is apprpriate. 3.7 The written recrd and respnse will include a full explanatin f the decisin reached and the reasns fr this. 3.8 The Stage 3 prcesses will take place within a reasnable time, and usual practice is that this may take up t 10 schl days, hwever, every cmplaint is different and this may nt always be pssible. The Chair f Gvernrs (r nminated gvernr) will keep the cmplainant infrmed in writing f the n-ging time scale. 3.9 If the cmplainant is nt satisfied with the utcme f the Stage 3 investigatin the cmplainant shuld write t the Clerk t the Gverning Bdy c/ the Schl Office and marked Private and Cnfidential t request that their cmplaint is cnsidered by a Cmplaints Appeal Panel. The cmplaints appeal panel will be frmed f gvernrs frm the schl s gverning bdy.

5 Stage 4 [Frmal] Cmplaint heard by Gverning Bdies Cmplaints Appeal Panel. 4.1 The cmplainant shuld write t the Clerk t the Gverning Bdy c/ the Schl Office and marked Private and Cnfidential giving full details f the cmplaint and requesting the Cmplaints Appeal Panel cnsider the matter. The Clerk t the Gvernrs shuld acknwledge receipt within five schl days. 4.2 The Chair f Gvernrs, r if the Chair has been invlved at any previus stage in the prcess, anther nminated gvernr, will cnvene a Gverning Bdy Cmplaints Appeal Panel. Individual cmplaints wuld nt be heard by the whle GB at any stage, as this culd cmprmise the impartiality f any panel set up fr a disciplinary hearing against a member f staff fllwing a serius cmplaint. 4.3 In line with gd practice a Clerk will be appinted t the Gverning Bdy Cmplaints Appeal Panel at the start f Stage 4 t supprt the prcess and be the pint f cntact fr the cmplainant. It wuld be gd practice t ntify the headteacher f the cmplaint at this stage if they have nt previusly been invlved in the prcess. 4.4 The Clerk t the Gverning Bdy Cmplaints Appeal Panel will: Set a cnvenient date, time and venue fr the cmplaint t be heard; Deal with all administratin f the prcedure; Take ntes at any meetings; Be a single pint f cntact t facilitate cmmunicatin between all parties; Draft and despatch letters as required; Liaise with the LA and ther agencies fr supprt/advice as requested. 4.5 The Cmplaints Appeal Panel must be established by drawing n gvernrs with n prir r direct invlvement with the cmplaint. It shuld als aim t prvide a crss sectin f gvernrs. If the whle GB is aware f the substance f a cmplaint befre the final stage has been cmpleted, schls shuld arrange fr an independent panel t hear the cmplaint. They may apprach a different schl t ask fr help r the lcal Gvernr Services team at the LA, r the Dicese. 4.6 The headteacher must nt serve n the Cmplaints Appeal Panel. The Chair f Gvernrs must nt serve n the Cmplaints Appeal Panel if s/he has had any prir invlvement with the cmplaint. 4.7 Cmplainants have the right t request an independent panel if they believe there is likely t be bias in the prceedings. Schls shuld cnsider the request but ultimately, the decisin is made by the gvernrs. 4.8 The Cmplaints Appeal Panel will be prvided with any cllated written material, reprts, and relevant infrmatin and will cnsider the cmplaint n the basis f the written evidence available. The Cmplaints Appeal Panel may decide t request further clarificatin frm the cmplainant and headteacher befre writing and ntifying them f the arrangements fr the frmal panel meeting. Any additinal infrmatin received by the Cmplaints Appeal Panel must be shared with all parties prir t the meeting. 4.9 The Panel members will decide hw the meeting will be cnducted and wh is present. The panel shuld decide whether t meet each party individually r invite all

6 t attend at the same time The Clerk will write t all relevant parties infrming them f the date and time f the meeting, and give an utline f hw the meeting will be cnducted. The Clerk must include a cpy f all relevant dcuments, plicies r prcedures that will be cnsidered by the Panel at the meeting. Ntificatin f the Panel meeting must be sent nt less than five schl days befre the meeting. All parties shuld acknwledge receipt f the meeting ntificatin and all related dcumentatin itemised in the accmpanying letter Within reasn, the Clerk will arrange a date and time fr the Panel meeting that is cnvenient t the cmplainant and ther relevant parties if they are attending in persn The cmplainant has a right t be accmpanied t the meeting by a friend/representative. The friend/representative may: Cnfer with the cmplainant during the meeting; Ask questins f witnesses; Sum up the cmplainant s cmplaint if requested by them. The friend r representative may nt: Answer questins n the cmplainant s behalf; Address the Panel if the cmplainant des nt wish it; Prevent the cmplainant frm summarising the cmplaint Gd practice requires all written evidence t be submitted prir t the meeting wherever pssible s that it can be cnsidered by all parties If necessary the Panel meeting will be adjurned if there is insufficient time t cnsider extra evidence received at the start f the meeting t enable it t be circulated and cnsidered by all parties The Panel may wish t call witnesses t the meeting The cmplainant, and ther parties previusly invlved in the cmplaint if invited, can expect the fllwing prcess t be fllwed: The hearing will prceed in an infrmal, but apprpriate manner; Witnesses shall be present nly fr the part f the hearing relevant t their invlvement and may nt remain fr the entire hearing (at the discretin f the Chair f the Panel); Intrductins shall be made by all parties present; The cmplainant will be invited t explain the cmplaint; The headteacher will be invited t explain the reasns fr decisins reached up t this pint; If all parties are in attendance tgether, the cmplainant may then questin the headteacher; If all parties are in attendance tgether, the headteacher may then questin the cmplainant; The Panel may ask questins f any party at any time; Witnesses, subject t prir apprval by the chair f the cmplaints appeal

7 panel, t be called; All parties t have the right t questin all witnesses; The cmplainant will be invited t sum up their cmplaint, and then the headteacher will be invited t sum up the schl s psitin and respnse t the cmplaint At the cnclusin f the Cmplaints Appeal Panel hearing the Chair f the Panel will infrm the cmplainant and the headteacher that the Panel will cnsider its decisin in private and will send a written respnse within 10 schl days. At this pint all parties ther than Panel Members and the clerk must vacate the rm The Panel will cnsider the riginal written cmplaint, alng with all subsequent evidence that has been presented bth rally, and in writing. The remit f the Panel is t: (a) Dismiss the cmplaint in whle r in part; (b) Uphld the cmplaint in whle r in part; (c) Decide what, if any, actin shuld be taken t reslve the cmplaint; (d) Recmmend any changes, if apprpriate, t the schl s prcesses r systems t ensure similar cmplaints d nt arise again in the future. The Panel will present their findings in writing The Clerk r Chair f the Panel will ensure the written findings utlining the Panel s decisin is sent t bth the cmplainant and the headteacher Stage 4 shuld be cmpleted in 25 schl days. Hwever, this may nt always be pssible, especially if a cmplaint is cmplex, and where that is the case, the Clerk will ensure bth parties are written t and advised f the revised target date There is n right f appeal against the Gverning Bdy Cmplaints Appeal Panel decisin. If the cmplainant remains dissatisfied and believes the Panel has acted unreasnably in respnse t the cmplaint, the cmplainant shuld be advised t write t The Schl Cmplaints Unit (SCU) at: Department fr Educatin, 2nd Flr, Piccadilly Gate, Manchester, M1 2WD r in sme circumstances, Ofsted if the cmplaint is likely t lead t a determinatin there is a need t inspect. Ofsted cannt seek t reslve any individual cmplaint. Rle f The Secretary f State, Department fr Educatin, Schl Cmplaints Unit Fr The Schl Cmplaints Unit t becme invlved they wuld need t be sure that: Or The schl has acted r is prpsing t act unreasnably in the exercise f perfrmance f its functins impsed by r under the Educatin Act The schl has failed t discharge any duty impsed by r fr the purpses f the Educatin Act If the cmplainant believes that this is the case, they shuld refer t the Department fr Educatin website where guidance can be fund t supprt the next part f the prcess. The relevant guidance can be fund at

8 The cmplainant may find the fllwing useful: Further infrmatin can be btained frm the SCU by calling the Natinal Helpline n r by ging nline at: The cmplainant must cmplete a cmplaints frm and return it nline r by pst t the Department fr Educatin, Schl Cmplaints Unit, Secnd Flr, Piccadilly Gate, Stre Street, Manchester, M1 2WD; Cpies f relevant dcumentatin relating t the cmplaint may be sent with the frm; The DfE will infrm the cmplainant wh will be handling the case and a timescale fr the prcess when they have received the frm; The DfE aim t initially respnd within fifteen wrking days but update the cmplainant if the timescale is lnger. If the cmplainant remains unhappy with the service given by the DfE in prcessing the cmplaint they wuld need t cntact the DfE cmplaints department and fllw the DfE cmplaints prcedure. Rle f Ofsted It will nt investigate cases t d with individual pupils. A cmplainant can cmplain t Ofsted abut any state schl if there is a prblem that affects the whle schl. This includes prblems with the quality f educatin r pr management. Ofsted have an n line frm and aim t respnd within 30 wrking days. Their initial respnse will tell yu if Ofsted will investigate r nt, and why.

9 Arunside Schl Frmal Cmplaint Frm Please cmplete and return t the schl ffice marked Private & Cnfidential t the headteacher r chair f gvernrs wh will acknwledge receipt and explain what actin will be taken. Yur name: Pupil s name: Yur relatinship t the pupil: Address: Pstcde: Day time telephne number: Evening telephne number: Please give details f yur cmplaint. What actin, if any, have yu already taken t try and reslve yur cmplaint.

10 (Wh did yu speak t and what was the respnse)? What actins d yu feel might reslve the prblem at this stage? Are yu attaching any paperwrk? If s, please give details. Signature: Date: Official use nly Date acknwledgement sent: By whm: Cmplaint referred t: Date: