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School - complaints procedure

Schools

If you have a complaint about a school issue, it is the responsibility of the school, and not the Local Authority, to investigate most complaints. Each school will have a complaints procedure which will tell you who to direct your complaint to and when you could expect a response by. You can find the schools contact details in the online schools directory.

This page explains the usual procedure that you should follow if you have a concern or a complaint about a school issue.

Dealing with concerns and complaints informally

If you have a concern or complaint you should make contact with the appropriate member of staff. This may be the class teacher or the Headteacher if they are immediately involved.

They can then investigate your complaint or concern and give you a response, making clear any action or monitoring of a situation that may be necessary. At this stage, misunderstandings can usually be cleared up. Everyone benefits from the speedy resolution of difficulties and from suggestions for improvement.

If no satisfactory solution to the complaint has been agreed you should be informed of your option to take the matter further.

What do I do next?

If you want to take the matter further, you should put your complaint, in writing, to the Headteacher. If your complaint is about the Headteacher, you should put your complaint, in writing, to the Chair of Governors.

Your complaint should be dealt with in an agreed timescale as part of the school’s Complaints Procedure. You should ask for a copy of the school’s Complaints Procedure which should tell you how the school will investigate the complaint. An investigation into your complaint should be carried out by the appropriate person (the Headteacher or the Chair of Governors).

When all the relevant facts have been established, you should receive a written response.

If I am unhappy with the response, what do I do?

You should be advised that if you wish to take the matter further you should write to the Chair of the Governing Body.

A further investigation of your complaint should be carried out:

  • by the Chair of Governors if they have not had any previous involvement; or
  • by the Governing Body’s Complaints Committee.

If the matter is dealt with at this stage by the Chair of Governors, and you are unhappy with the outcome, you should be advised of your right to take the matter further to the Governing Body’s Complaints Committee.

The Complaints Committee should carry out a detailed investigation into the complaint.

A meeting should be arranged, and everyone involved should receive copies of all available documentation about the complaint. You should be invited to attend the Committee meeting to put your case (you may bring a friend or someone to represent you). The Headteacher should also be invited to put the case for the school (the Headteacher will be able to bring a friend or professional representative). You and the Headteacher will be invited to speak to the Panel (which will have three governors on it) and to ask and answer questions. The Panel normally allows witnesses to attend part of the meeting.

What happens next?

You should be informed in writing of the Panel’s decision. There is usually no appeal mechanism to the Governing Body.

The Local Authority cannot investigate a complaint, it can only investigate the process followed by the Governing Body.

Is there any further course of appeal?

The Local Government Ombudsman investigates complaints about ‘maladminsitration’ ie cases where the recognised complaints procedure has not been properly used. However, the Ombudsman cannot investigate complaints about internal school matters and is not empowered to overturn the decision of a Governing Body Complaints Committee that has correctly followed procedures. You can write to the Ombudsman at:

Local Government Ombudsman
Beverley House
17 Shipton Road
York YO30 5FZ

Telephone: 01904 380200

If you are still unhappy, the final resort is the Secretary of State for Education and Skills who will investigate complaints where a governing Body has acted ‘unreasonably’ or illegally in coming to their decision. It should be noted that in this sense ‘unreasonably’ is used in a strict sense and means acting in a way that no reasonable school could act in the circumstances. The secretary of State has the power to issue directions to the Governing Body but you should be aware that this power is very rarely used and that the investigation can take up to 6 months or more.

You can write to the Secretary of State at:

The Department for Education and Skills
Sanctuary Buildings
Great Smith Street
London SW1P 3BT

Finally, the Education and Inspections Act 2006 gives Ofsted new powers to investigate complaints from parents about schools.

The new powers to consider parental complaints come into effect in April 2007. They relate to complaints by registered parents and carers about their child’s school as a whole. For example that:

  • the school is not providing a good enough education;
  • the pupils are not achieving as much as they should, or their needs are not being met;
  • the school is not well led and managed or is not using its resources efficiently
  • the pupils’ personal development and well-being are being neglected.

Ofsted will usually suggest that parents use the schools complaints procedures first. They are not in a position to judge how well a school investigated or responded to a complaint or to mediate between a parent and a school to resolve a dispute.

What is the Role of the Local Education Authority?

Most concerns or complaints are of a general nature and are dealt with by the school under their own complaints procedure. However, concerns or complaints about any of the following issues should be made in writing to the Local Authority.

These are specifically concerns about areas where the authority has a statutory duty:

  • the provision of the National Curriculum (contact the School Improvement Service);
  • the provision of religious education and collective worship (with the exception of church aided schools) (contact the School Improvement Service);
  • school admission appeals (contact the Legal and Democratic Service)
  • exclusions (contact Pupil Welfare and Inclusion Team, Learners and Young People Service);
  • special educational needs assessments (contact Special Education Needs Team, Learners and Young People Service); and
  • child protection issues and allegations of child abuse (contact the Education Welfare Team, Learners and Young People Service).

The Education and Inspections Act 2006 also places a duty on the Local Authority to consider representations from parents about school provision in their area. This relates to the opportunities of choice and the diversity of schools in the area. The Local Authority must consider what action to take in response to such representations and provide a statement to the parent setting out any action which the authority propose to take in response or, where relevant, their reasons for taking no action, in each case having regard to guidance from the Secretary of State.