Document Status

Date of Policy Adoption by Governing Body: July 2012

Reviewed July 2012
Next Review July 2015

Signed (Chair of Governors)


Eskdale School
Complaints
Procedure
Eskdale School aims:

To develop as a vibrant, dynamic community committed to the principles of Every Child Matters so
that all of our students
! are safe and healthy
! enjoy and achieve
! make a positive contribution
! experience success so that they are equipped to make their way in the world of work.



Annex A





Eskdale School
Complaints Procedure

Scope of Procedure

This procedure is for use in dealing with complaints from parents concerning the general running of the school and the
implementation of its policies and practices. However, it does not cover the following for which there are separate
procedures:-

Delivery of the national curriculum and the provision of collective worship and religious education in accordance
with the Education Act 1996;
School admissions;
School exclusions;
Special educational needs (statutory assessments and statements);
Sex education;
Child protection.

Nor does it cover complaints on matters that are the responsibility of the Local Education Authority. These are
complaints about Council policies or on matters covered by legal processes.

Using the Procedure

Stage 1: The first contact informal consideration by staff and/or headteacher

1.1 Parents are always welcome to discuss any concerns with the appropriate member of staff, who will clarify with
the parent the nature of the concern and reassure them that the school wants to hear about it. The member of
staff may explain to the parent how the situation happened. It can be helpful to identify at this point what sort of
outcome the parent is looking for.

1.2 If the member of staff first contacted cannot immediately deal with the matter, he/she makes a clear note of the
date, name, contact address or phone number.

1.3 All members of staff will know how to refer, if necessary, to the person with responsibility for the particular issue
raised by the parent. He/she will check later to make sure the referral has been dealt with.

1.4 If the matter is brought to the attention of the headteacher, he/she may decide to deal with the concerns directly
at this stage. (Possibly relevant in smaller schools or on certain major issues.)

1.5 The staff member dealing with the matter should make sure that the parent is clear what, if any, action or
monitoring of the situation has been agreed. Although not always necessary, consideration should be given to
confirming in writing what has been agreed - either by letter or a copy of a file note.

1.6 Where no satisfactory solution has been found within ten days, parents are asked if they wish their concern to be
considered further. If so, they are advised to write to the headteacher or, if the complaint relates to the
headteacher, to the chair of governors or designated governor
1
.

Stage 2: Formal Investigation by the headteacher

2.1 The headteacher (or designate) acknowledges the complaint in writing within three working days of receiving the
written complaint. The acknowledgement gives a brief explanation of the schools complaints procedure (or a
copy of the schools Information Leaflet For Parents) and a target date for providing a response to the

1
Note that, on grounds of possible bias, the chair of governors (or designated governor) would subsequently be ineligible to sit on a complaints
review committee established under stage 3.
complainant normally within ten working days. If thereafter it is not possible to respond within the ten days, a
letter is sent explaining the reason for the delay and giving a revised target date.

2.2 Ordinarily the headteacher (or designate) provides an opportunity for the complainant to meet with him/her to
supplement any information provided previously. It should be made clear to the complainant that he/she may be
accompanied to any meeting by a friend, relative, representative, or advocate who can speak on his or her behalf.
The headteacher (or designate) may be accompanied by an adviser if the circumstances warrant this.

2.3 Where necessary, following the meeting, the headteacher (or designate) will interview witnesses and take
statements from those involved. If the complaint centres on a pupil, the pupil concerned and others present at the
time, should be interviewed. Pupils would normally be interviewed with parents/guardians present unless this
would seriously delay the investigation of a serious/urgent complaint or where a pupil has specifically said he/she
would prefer that parents or guardians were not involved. In such circumstances another member of staff with
whom the pupil feels comfortable should be present. If the complaint is against a member of staff, he/she must
subsequently be allowed to explain his/her version of events.

2.4 The headteacher (or designate) must keep written records of all meetings and telephone conversations, which
he/she should sign and date, and other related documentation.

2.5 Once all the relevant facts have been established, the headteacher (or designate) may wish to meet the
complainant to discuss/resolve the matter directly. In any event a written response should always be sent,
including a full explanation of the decision and the reasons for it. Where appropriate, the letter will indicate what
action the school will take to resolve the complaint. The complainant must be advised that should he/she wish to
take the complaint further he/she should notify the chair of governors/designated governor within 10 working days
of receiving the letter.

2.6 If a complaint is against the action of a headteacher (or if the headteacher has been very closely involved at stage
1) the chair of governors or designated governor will carry out the stage 2 procedures see below.

Stage 2: Investigation by the Chair of Governors or Designated Governor

2.7 When the chair of governors, or governor designated by the governing body to deal with complaints, receives
notice of a complaint, he/she will decide whether it appears appropriate to seek an informal resolution to the issue.
It could be a complaint against the headteacher or, a complaint the headteacher has not been able to resolve but
further discussion with the complainant prior to referral to the Complaints Review Committee is considered to be
worthwhile.

2.8 If so, the chair/designated governor will:
! either telephone and/or meet with the parent/guardian to hear their side of the story;
! talk to the headteacher to hear the other side of the story;
! discuss with the headteacher how the issue might be resolved;
! agree with the headteacher whether it would be helpful for the governor to act as
facilitator/mediator between the head and the parent;
! seek to resolve the matter to the satisfaction of both the headteacher and the parent;
! (if not the chairman) keep the chairman informed of the fact that he/she is handling a complaint, without
disclosing any details, and stress the need for confidentiality at this stage so as not to prejudice any later
hearing.

If the designated governor decides that action as at 2.8 is not appropriate in the circumstances, or having tried this
approach the matter is still not resolved, then he/she must write to the parent to let him/her know that the matter will be
referred to the complaints review committee. The letter should also explain that the complainant has the right to submit
any further documents relevant to the complaint. The chair/designated governor must keep written records of all
meetings and telephone conversations, which he/she should sign and date, and other related documentation.


Stage 3: Consideration by the governors Complaints Review Committee

3.1 According to the arrangements concerning membership
2
of the complaints review committee as agreed by the
governing body, the clerk to the governors will seek to convene the committee within 20 working days.

3.2 The clerk will ask the headteacher to prepare a written report for the committee in response to the complaint. The
head should additionally ask members of staff directly involved in matters raised by the complainant to prepare
reports.


2
The Committee members must be governors with no vested interest in the outcome of the hearing or prior involvement with the complaint. The
Committee will elect one of its number to chair the hearing.
3.3 The clerk to the governors will write and inform the complainant, headteacher, any relevant witnesses, and
members of the committee at least five working days in advance, of the date, time and place of the meeting. All
relevant correspondence, reports and documentation about the complaint should be included with the letter. The
complainant should also be informed of his/her right to be accompanied to the meeting by a friend or
representative or advocate. The letter will also explain how the meeting will be conducted and the complainants
right to submit further written evidence to the committee.

3.4 Subject to the prior agreement of the chairman of the committee, the headteacher may invite members of staff
directly involved in matters raised by the complainant to attend the hearing.

3.5 It is the responsibility of the chairman of the committee to ensure that the meeting is properly minuted.

3.6 The aim of the meeting should be to resolve the complaint and achieve a reconciliation between the school and
the complainant. However, it has to be recognised that sometimes it may only be possible to establish facts and
make recommendations which will satisfy the complainant that his or her complaint has at least been taken
seriously.

3.7 The committee should remember that many parents are unused to dealing with groups of people in formal
situations and may feel inhibited when speaking to the committee. The chairman of the committee will therefore
ensure that the proceedings are as informal as possible.

3.8 The meeting should allow for:
the complainant to explain his/her complaint and the headteacher to explain the schools response;
the headteacher to question the complainant about the complaint and the complainant to question the
headteacher and/or other members of staff about the schools response;
committee members to have an opportunity to question the complainant, the headteacher and any
witnesses as appropriate;
final statements by both the complainant and the headteacher.

3.9 The chairman of the committee will explain to the complainant and the headteacher that the committee will now
consider its decision, and that written notice of the decision will be sent to both parties within two weeks. The
complainant, headteacher, other members of staff and witnesses will then leave.

3.10 The committee will then consider the complaint and all the evidence presented in order to:
reach a unanimous, or at least a majority, decision on whether to dismiss or uphold the complaint;
decide, if appropriate, upon the action to be taken to resolve the complaint;
where appropriate, recommend to the governing body changes to the schools systems or procedures to
ensure that similar problems do not happen again.
decide if it wishes to recommend to the governing body that the LEA should review the process by which it
has arrived at its decision.

3.11 A written statement outlining the decision of the committee including any actions and/or recommendations will
be sent to the complainant and headteacher within 7 days of the meeting. If the Committee has decided to
recommend to the governing body that the LEA reviews the process by which the Committee has arrived at its
decision, this should be indicated in the letter. Otherwise it should be indicated that there is no mechanism for a
further appeal to the governing body. If the complainant feels the governing body has acted unreasonably or has
failed to discharge its duties he/she should be advised to write to the Secretary of State for Education & Skills.

3.12 The school should ensure that a copy of all correspondence and notes are kept on file in the schools records.
These records should be kept separately from the pupils personal records.




Annex B



Eskdale School


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We would like you to tell us about it. We welcome suggestions for improving our work in the school and want to
know if you have any concerns. Be assured that no matter what you wish to tell us, our support and respect for
you and your child in the school will not be affected in any way. If you have a concern, please let us know as
soon as possible. It is difficult for us to properly investigate an incident or problem that happened some
time ago. Depending on circumstances, the governing body may decide not to consider a complaint about
something that occurred more than two months ago.

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Most concerns can be sorted out quickly by speaking with your childs form tutor or learning manager. Any
teacher or the school administrator can help you find the right member of staff.

If you have a concern which you feel should be looked at by the headteacher in the first instance you can
contact her straightaway if you prefer. It is usually best to discuss the problem face to face. You may need an
appointment to do this, and you can make one by ringing or calling in to the school office. You can take a friend
or relation to the appointment with you if you would like to.

All staff will make every effort to resolve your problem informally. They will make sure that they understand
what you feel went wrong, and they will explain their actions to you. They will ask what you would like the
school to do to put things right. Of course, this does not mean that in every case it will be possible to achieve a
satisfactory outcome but it will help both you and the school to understand both sides of the question. It may
also help to prevent a similar problem arising again.

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We will do all that we can to resolve matters straight away but if you are not entirely satisfied with the teachers
response (or with the headteacher's initial reaction if she has already been involved) you can make a formal
complaint to the headteacher. This should be made in writing.


You may find it helpful at this stage to have a copy of the full statement of the governing body's complaints
procedure as this explains in detail how complaints are dealt with. This is available from the school office.

The headteacher will contact you to discuss the problem. Usually you will be invited to a face to face meeting.
Again you may take a friend or someone else with you if you wish. The headteacher will then conduct a full
investigation of the complaint and may interview any members of staff or pupils involved. You will receive a
written response to your complaint.

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We very much hope and expect that we will have been able to resolve the problem by this stage. However, if
you are still not satisfied you may wish to make a formal complaint to the governing body. You should write to
the Chair of Governors care of the school. Initially your complaint may, depending on circumstances, be dealt
with by the chair of governors/governor designated by the governing body to deal with complaints. He/she will
try to see if there is a way forward. [Note that at this stage your complaint will not be made known to other
governors. This is so that if it is necessary for the governors to hold a formal hearing of your complaint they will
be able to maintain impartiality.]
If the chair/designated governor is unable to resolve the matter, your complaint will then be heard by a
committee of three governors the Complaints Review Committee. As explained above, they will have no prior
knowledge of the case and will thus be able to make a fresh, unbiased assessment. You will be invited to
attend the committee meeting, accompanied by a friend or representative if you wish, and to put your side of
the matter. The headteacher will also attend to give his/her account. The governing body's complaints
procedure explains how these meetings are conducted. You will be informed in writing of the Committees
decision.

If your complaint is about an action of the headteacher personally

If your complaint is about an action of the headteacher personally, then you should refer it to Chair of
Governors/Designated Governor. You can contact him/her by writing care of the school
The Chair of Governors/Designated Governor will discuss the matter with you and attempt to resolve the
problem. If you are not satisfied with the outcome of this process you will be asked to detail your complaint in
writing and it will be considered by the Complaints Review Committee of the governing body see above.

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Complaints about school problems are usually settled within the schools but in exceptional cases it may be
possible to refer the matter to an outside body such as the local education authority or the Secretary of State
for Education and Skills. If necessary the chair of the Complaints Review Committee of the governing body will
let you have further information.


Annex C
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Dealing with an approach from a parent who has a concern, grievance or complaint, can
be one of the most difficult situations for a school governor. For, whilst the headteacher
will invariably expect individual governors to support the school, the parent will be looking
for at least a degree of impartiality, if not unquestioning acceptance of the justice of
his/her cause.

Tensions are likely to occur because:
on the one hand governors have no power (unless specifically delegated) to
act individually outside the corporate governing body, and individual
governors, even parent governors, have no remit to act as advocates for
parents;
whilst on the other, parents generally have an expectation that governors,
particularly parent governors, are there to help them.

The challenge therefore is to establish a protocol which enables governors to live with
these tensions and to operate so that whilst not appearing unsupportive to the school,
they are not perceived by parents as unhelpful. It is suggested that governing bodies
might wish to consider establishing a protocol along the following lines in the event of an
approach by a parent with a concern/complaint:
recognise that for the parent the issue is of serious concern (even if it
appears trivial);
LISTEN but avoid being drawn into voicing any explicit or implicit judgement;
point out that as an individual governor they have no power to act;
check whether the parent has raised their concern/complaint with the school;
if not, advise them to do so and refer them to the schools complaints
procedure;
consider whether it is appropriate to draw the matter to the attention of the
headteacher 'for information' in a totally non-judgmental way, making it clear
that this does not indicate siding with the parent.

Sometimes the concern/complaint will have implications for school policy or procedures.
If so, it may be appropriate to raise the general issue at a governing body meeting but
this should not be done until the individual complaint has been dealt with to avoid
prejudicing those governors who would have to hear any formal complaint.

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None of us like to receive complaints and a natural reaction is to be defensive, but this is usually counter
productive. When you realise that you are listening to a complaint, try to remember the following:

Dont 'pass the buck' Try not to keep transferring an angry person
from one place to another. Make sure you
know the contact person for anything you
cannot deal with yourself.

Dont be flippant First impressions count. You and the school
may be judged on your immediate reaction.

Treat all complaints seriously However small or trivial it may seem to you,
the complaint will be an important problem for
anyone who takes the trouble to complain.

Treat every complaint
individually
Even if you have already received several
similar complaints the same day, it is probably
the persons first chance to have their say.

Be courteous and patient Be sympathetic and helpful, but do not blame
other colleagues.

Say who you are If you are unknown to the person, introduce
yourself.

Ask for their name and use it Anonymous complaints are acceptable only
where there are special circumstances.

Take time to find out exactly
what the problem is
It is easy for someone to forget to tell you an
important detail, particularly if they are upset or
annoyed.

Dont take the complaint
personally
To an angry or upset person, YOU are the
school, and the only one they can put their
feelings to right now.

Stay cool and calm Do not argue with the person - be polite and try
to find out exactly what the person thinks is
going wrong, or has gone wrong.

Check you are being understood Make sure that the person understands what
you are saying. Do not use jargon - it can
cause confusion and annoyance to someone
'not in the know' or for whom English is a
second language.

Dont rush Take your time. Let people have their say, and
let off steam if they need to. Listen carefully
and sympathetically to their problems before
replying and attempting to find a solution or
offer a next step.