SKETTY PRIMARY SCHOOL COMPLAINTS POLICY

COMPLAINTS POLICY DOCUMENT

COMPLAINTS POLICY DOCUMENT

What does this policy deal with?



This policy aims to ensure that anyone with an interest in the school can raise a concern with confidence that it will be heard and if well founded will be addressed in an appropriate and timely fashion.


To achieve this, we will:

? Ensure all involved with the school know how they can express a complaint,
? Take every complaint seriously,
? Try to resolve concerns as soon as possible in the interest of all
? Seek to learn lessons from complaints made to us



The procedure that follows does not deal with complaints about the following issues:

The curriculum
SEN
RE and collective worship
Admissions
Exclusions
Staff grievance
Teacher capability
Staff disciplinary

Separate procedures already exist to deal with these.



Complaints Procedure


We take complaints very seriously. In the interests of all concerned we aim to resolve concerns and complaints as soon as we can and to learn lessons from complaints made to us.

Principles of the procedure

The process should be fair, impartial and consistent being resolved as quickly as possible.

The school will make every effort:
? To respond quickly in order to resolve the complaint at as early stage as possible.
? To provide a fair and consistent approach when dealing with complaints.
? To ensure that those involved in dealing with complaints at Stages 2 and 3 are impartial and have had no previous involvement with the complaint, personal links with the complainant or the person against whom the complaint is being made.
? That the details of the complaint remain confidential to those investigating.
? That the person complained against is entitled to know the substance of the complaint.
? That all parties will be kept informed throughout the process.
? That a timetable for the investigation is set out.
? That if a complaint is made just before the beginning of a school holiday, other than a half term holiday, the school will try to resolve the matter before the school closes provided the time allows for a full and fair consideration of the complaint.
? That all complaints including anonymous and withdrawn complaints will be recorded.
? That a report summarizing key trends and issues relating to complaints will be presented by the headteacher to the governing body annually.


We are committed to an open school policy which means that all staff are readily available to discuss any concerns that may arise.

Often difficulties can be quickly resolved in conversation with the headteacher without reference to this policy.

If you feel that your concern has not been addressed then you should consider formalizing the situation by making a complaint.

You will need to ensure that the member of staff is aware that the issue is now a complaint.


Investigating complaints


The principles of any investigation are to establish:

? what has happened and who was involved, with any witnesses if relevant.
? the nature of the complaint .
? What the complainant feels would put things right.

This can be achieved by:

? a meeting with the complainant or appropriate contact, allowing them to be accompanied if they wish, if further information is necessary.
? staff members responding to the complaint at a meeting, allowing them to be accompanied if they wish.
? matters being approached with an open mind.
? accurate records being kept.
? Keeping all parties informed about the process, with timescale.

Complaints will be resolved using a three stage procedure.

Before investigation it should be established that the complaint should not be dealt with under any other procedure e.g. disciplinary.

Stage 1 ? the complaint is dealt with (and resolved) by whoever receives the complaint in school.

Stage 2 ? the matter is referred to the headteacher for investigation, decision and resolution

Stage 3 ? the matter is referred to the governing body complaints committee for investigation, decision and resolution.

Roles and responsibilities

It is expected that all parties to a complaint behave reasonably and approach both the process and the parties involved with respect.

In that context we expect:

? Complainants to allow the school to try and resolve the complaint at each stage and not to try and circumvent stages
? Some flexibility amongst all parties over scheduling of meetings, but would regard as unreasonable the repeated failure to agree dates or last minute cancellations

The complainant and if the complaint is against an individual, the person(s) complained against will be entitled to be accompanied by a friend, advocate, union representative, colleague, parent or other person at each stage

Confidentiality

The substance of a complaint will be kept confidential and only those involved in the investigation and decision making will be aware of its nature.

In general, the person complained against will be entitled to know the substance of the accusation. In some cases, the governing body may decide to withhold information from the person complained against; for example, where the source needs to be protected, where information cannot legally be released or where data protection requirements have to be met.






Stage 1


We do not wish to discourage an open and honest discussion of concerns between individuals and the school as a result of this policy but we will need to establish if a concern becomes a complaint that the process outlined is followed.

The complaint may be in person, by telephone or by mail and may be made to a member of staff, or headteacher.

Every effort will be made to resolve the complaint at this stage.

A decision will be reached usually within 10 school days and conveyed to the complainant.

If the complainant is not satisfied, they must be informed that they can take their complaint to the headteacher.

Anyone considering an anonymous complaint should give careful consideration as to whether an investigation should take place.

If the headteacher was the first person to receive the complaint, he/she can decide whether to deal with it straight away or delegate to another member of staff.

A file will be opened and the following details will be recorded:
? the name of the complainant
? the date of receipt of the complaint
? a brief description of the complaint
? action taken to resolve the complaint and the outcome
? any issues for action by the school
? signed to confirm the accuracy
? If necessary these records can form the basis of records at level 2.
We would hope that the majority of complaints would be resolved at this level.

Stage 2 ? Consideration by the Headteacher


We would hope the complaint will be resolved at stage 1 and not moved to stage 2.

The complainant now needs to confirm the complaint in writing for clarity.

The head will acknowledge receipt in writing, enclose a copy of the complaints procedure and provide a date for a response (usually within 10 school days).

The head will usually undertake the investigation.

The complainant will be given the opportunity to meet the head and can be accompanied by a friend or relative if they wish. The head may also be accompanied.

If the complaint is against a person s/he should be given a written account of the complaint, meet with the head teacher to review the results of the investigation and may be accompanied by a colleague, friend or union representative. S/he can present their response at this meeting. The headteacher may, also be accompanied at this meeting.

Having considered all the advice the head should then decide if the complaint is upheld or not.

The result of this deliberation should be given to the staff member if applicable and to the complainant in writing as soon as is practical, usually within 5 school days

The complainant should also be informed of the decision[s] of the headteacher and the reasons for them as soon as is practical.

Record keeping will include the following:

? the date of receipt of the [further] complaint
? a brief description of the complaint
? action taken to resolve the complaint and the outcome
? any issues for action by the school
? a written record of discussions, interviews, and evidence collated
? the date the complainant was informed of the outcome
? what the complainant needs to have matters resolved.
? Signed to indicate accuracy

The complainant may appeal to the Governing Body Complaints Committee if they are not satisfied with the outcome.

We would envisage that moving to Stage 3 would be an unusual event.


Stage 3 ? Consideration by the Governing Body



The Clerk to Governors deals with correspondence at this stage.

Complaints considered by the governing body should be rare and governors must check that Stages One and Two have been exhausted before considering the matter.

The complaint will be heard by the Complaints Committee of the Governing Body who are granted powers to finalize the complaint.






Complaints Committee

Receipt of the complaint will be acknowledged by letter usually within 5 school days.

The letter will include the following timetable:

? the date by which this written evidence should be submitted
? the date by which documents will be sent to the person complained about
? the date by which the person complained about must forward their response
? the date that the response will be made available to the complainant
? the date of the hearing (if available at this point).

All parties involved are entitled to provide evidence/written documentation.

The Complaints Committee will meet to hear the complaint, usually within 15 school days of receipt of the complaint. The availability of all parties involved will be checked to ensure everyone is able to attend.

The person against whom a complaint is made will be given sufficient time (usually 10 school days) to consider all the evidence and take advice before providing a response and before any hearing takes place.

Everyone concerned will be given at least 5 days notice of the date of the hearing in writing.

The letter must provide the following information:

? the time and place of the hearing
? the grounds of the complaint with copies of all relevant documentation
? the right of all parties to be accompanied
? details of those who will be present and their role in the hearing
? the entitlement of the parties to seek an adjournment if there is a good reason that they are unable to attend but this should not extend the timescale beyond what might be considered reasonable
? the Complaints Committee have the right to hear the complaint and come to a decision in the absence of one or both parties if there is good reason.

The Hearing

The purpose of the hearing is to clarify facts and ascertain whether there are grounds for upholding the complaint.

The Complaints committee will endeavor to support all parties attending the hearing being placed as far as is possible at their ease.

It should be informal with speakers not being interrupted and the hearing being non confrontational.

All parties should be aware that:

? they may be accompanied by a colleague friend or union representative
? usually after presenting their case each party withdraws
? there is an opportunity for questions from the committee before the parties withdraw
? The Chair will inform both parties that they will be informed of the governors? decision in writing usually within 5 days.
? Governors may take advice from LEA officers but the committee will make its decision in private.






Finalizing the Complaint


The decision letter must contain the following:
? that the complaint has been thoroughly investigated
? the decision is final
? if new issues arise they will be treated as a new complaint as long as they are demonstrably different from matters raised under a previous complaint

Record

At Stage 3 the record will include the following:

? a full record of the proceedings of the Complaints Committee and Appeal Committee (if appropriate)
? evidence and other relevant documentation
? the decision reached and any action to be taken by the school, head, governing body or staff
? the date of the decision with a copy of the decision letter sent to the complainant.

All records of a complaint should be kept for a period of three years.












There will be occasions when the three stage approach will need to be adapted:



Complaint against the Headteacher

This will be referred to the Chair of Governors in writing who will usually undertake the investigation.

The procedure to be followed is as described at Stage two.

Following this process, if the complainant is still not happy he/she will be advised to write to the Chair of Governors who will forward the complaint for consideration by the Complaints Committee (Stage three).

Complaint against the Senior Member of staff investigating the complaint

These complaints should be referred to the headteacher who will usually undertake the investigation.

If the complainant is not satisfied, he/she should be advised to write to the Chair of Governors who will forward the complaint for consideration by the Complaints Committee
(Stage 3).

Complaint against the Chair of Governors

Any complaints about the Chair of Governors should be sent to the Vice Chair who will immediately inform the head and the LEA.

The Vice Chair may consider investigating the complaint. This would follow Stage 2 of the procedures. Alternatively the Vice Chair could refer the matter directly to the Complaints committee (Stage 3).

Complaint against the Headteacher and the Chair of Governors

This complaint should be sent to the Vice Chair of Governors who should inform the LEA.

The Vice Chair will undertake the investigation under Stage 2 of the procedures. Alternatively the matter could be referred directly to the Complaints Committee ? under Stage 3.

Complaint against the Chair and Vice Chair

This complaint should be sent to the Clerk to Governors who will refer it to the Chair of the Complaints Committee. The Committee Chair will refer to the LEA for advice and arrange for the Complaints Committee to consider the complaint (Stage 3).


Complaint against a Governor (including the Vice Chair)

This complaint should be referred to the Chair of Governors, and it should be dealt with in the same way as a complaint against the headteacher.

Complaint concerning the whole Governing Body

Any complaints about the actions of the whole governing body should be sent to the Clerk to Governors, who should immediately inform the head and the LEA. The LEA may wish to seek the agreement of the governors that the complaint be heard by a specially constituted committee independent of the governing body.

If the LEA decides not to take any action, the Clerk to Governors may inform the complainant that the matter will be raised at the next meeting of the governing body. If the next meeting is some time away, the Chair and Clerk may consider convening a separate meeting to consider the complaint. The complainant should be informed of this proposal and the date of the governing body meeting.

The procedures should then be the same as for a complaint heard by the Complaints Committee (Stage 3).

If the complainant is dissatisfied with the decision, they can ask for the procedures to be reviewed by the LEA, but the decision is final. The LEA cannot reinvestigate complaints.














Complaints involving pupils are to be the subject of supplementary guidance and will form part of the next review of this policy when guidance is made available by the National Assembly






Appendix 1

SOURCES OF ADVICE:

National Assembly for Wales:
National Assembly for Wales
Cardiff Bay
Cardiff CF99 1NA
Tel: 029 20 825111

Office of the Children?s Commissioner for Wales:

Children?s Commissioner for Wales
Oystermouth House
Charter Court
Phoenix Way
Llansamlet
Swansea
SA7 9FS

Tel: 01792 765600 Fax: 01792 765601
Email: post@childcomwales.org.uk
Website: www.childcomwales.org.uk


Pupil and Governor Support Unit

Pupil and Governor Unit
Education Department
City and County of Swansea
County Hall
Swansea
SA1 3SN

Tel: 01792 636551 Back to top