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Complaints and Concerns Procedure

 

Concerns and Complaints

 

A distinction should be drawn between, on the one hand, an expression of concern or an informal complaint and, on the other, a formal complaint.  Of the very few complaints the School is asked to address in the course of a year, virtually all, if not all, are resolved at an informal level. Where at all possible, therefore, parents should seek to resolve matters at an informal level.  This is usually best done by discussion and agreement. 

 

Expressions of Concern or Informal Complaints

If a parent has a concern about some aspect of their child’s life at school, they should contact the Tutor (or, if the matter is a particularly sensitive one, the Head of School Section), who will try to assist or will refer the matter to another member of staff, as necessary.   If the concern is about the School, or some aspect of the School more generally, or about a particular member of staff, or is an exceptionally sensitive matter, then the parent should contact a senior member of staff (generally the Deputy Headmaster or the Headmaster or, for certain matters which are not related directly to teachers or pupils, the Bursar). 

Where this course is not deemed sufficient, or where it has been tried but the outcome is considered unsatisfactory, the parent may refer the matter, still at an informal level, to a more senior member of staff.

Where all reasonable attempts to resolve a complaint at an informal level have failed, or, in exceptional circumstances, where an apparently extreme situation would appear to justify a formal complaint immediately, the following procedure should be used.

 

Formal Complaints

A parent wishing to make a formal complaint should (a) have already followed the procedure detailed above regarding informal approaches and (b) submit the complaint, and the grounds for it, to the Headmaster, in writing, stating clearly that and why they wish the matter to be dealt with by formal procedure.  As warranted by the nature of the complaint, the matter would be thoroughly investigated, and possible implications and solutions considered.  Investigations would be overseen by an appropriate, senior member of staff/the Headmaster.  All parties would be expected to co-operate with investigations and could expect to be required to give promptly the necessary amount of time (which may be substantial) to assist with these investigations.  Once investigations were complete, a meeting between relevant parties and conducted by a senior member of staff/the Headmaster would (unless genuinely too impractical) be held within 13 week-day school days of the receipt of the complaint. Each party may be accompanied by one other person at this meeting.  This accompanying person would be a relative, teacher or friend, but not normally a legal representative. Notwithstanding the possibility of yet further investigations being required, the ultimate purpose of such a meeting would be to try to obtain a resolution at that stage.  Once the senior member of staff/the Headmaster was satisfied that, so far as is practicable, all of the relevant facts had been established, a decision would be made, of which the complainant, and, where appropriate, the person complained about, would be advised, with reasons and any recommendations, in writing All of the above (under ‘Formal Complaints’) must be accomplished within a time-scale that ensures that the period from the date of receipt of the original complaint to the communication to all parties of a final decision (allowing, therefore, not only for the complaint procedure to be completed within this time-scale but also for an appeal to be lodged, for the matter to be re-investigated as necessary, for the appeal panel to be convened, for the appeal to be heard, for all necessary communications throughout that relate to the process of appeal to be undertaken between relevant parties, for the appeal panel’s final decision to be reached and for that decision to be communicated in writing to the relevant parties) does not exceed 28 week-day term-time working days.

A parent wishing to make a formal complaint about the Headmaster should follow the above procedure, but submit the written complaint to the Clerk to the Governors (the Bursar) in an envelope marked ‘Chairman of Governors’, who would be responsible for ensuring that the formal complaint was dealt with in accordance with the procedure above, but by a person or people appropriate to the Headmaster’s case.

A parent who was dissatisfied with the outcome of a formal complaint should first consider an informal approach.  This would be made in the first instance to the Headmaster (unless it was he who dealt with the complaint, in which case the informal approach would be to the Chairman of Governors (via the Clerk to the Governors)). 

A parent not wishing to proceed informally (or if, having made an informal approach, was still dissatisfied with the outcome), may make a formal appeal.  This should be submitted in writing, with a clear statement as to the grounds on which  the appeal is being requested, to the Clerk to the Governors in an envelope marked ‘Chairman of Governors’.  An appeal  panel would be convened of at least three individuals not directly involved in the matters that were subject to complaint, one of these individuals being independent of the management and running of the School. Each of the panel members would be appointed by a designated Governor. The Chairman of the panel would then acknowledge the complaint and schedule a hearing to take place as soon as is practicable and (unless genuinely too impractical)  within 13 week-day school days of the receipt of the complaint.  Each party would be entitled to be accompanied by one other person at this hearing. This accompanying person might be a relative, teacher or friend, but not normally a legal representative. The panel would set a date (normally at least 5 week-day term-time working school days prior to the hearing) by which each party declared if it wished to be accompanied and, if so, by whom.  The panel might also require that further particulars of the complaint or any related matter be supplied in advance of the hearing.  Copies of such particulars should be supplied to all parties by a date set by the panel but normally at least 9 week-day term-time working school days prior to the hearing. Parents would be expected to attend any formal appeal hearing themselves.  If possible, the panel would resolve the complaint immediately without the need for further investigation.   Where further investigation were required, the panel would decide how this should be carried out. After due consideration of all the facts deemed relevant by the panel, and as soon as is practicable but within a time-scale that ensured that the period from the date of receipt of the original complaint to the communication to all parties of the appeal panel’s final decision did not exceed 28 week-day term-time working days the panel’s decision, with reasons, together with any recommendations, would be made available in writing to the relevant parties, including (where appropriate) the person complained of as well as the complainant and would be made available for inspection, on the school premises, by the Headmaster and Chairman of Governors. The panel’s decision would be final.

 

Notes:

Flexibility: Whilst neither parents nor the School are obliged to follow the procedure in every instance and whilst there may be occasions when parents or the School consider it appropriate to change or omit parts of the procedure, any flexibility in respect of this procedure on the part of the School does not include deviation from statutory regulation, specifically from the ISI Regulations found at ISI Regulatory Requirements, Part 7, Paragraph 25, including the notes that follow this Paragraph.  The School may amend this procedure from time to time. During the academic years 2008-9 , 2009-10, and 2010-11, the formal complaints procedure was not invoked, nor has it been so far in the several years of its existence, during which any concerns/complaints have been dealt with, and any resolution reached, informally.

Non-prejudice and vexatious or time-wasting complaints: No person will be penalised for raising a concern or making a complaint when this is done in good faith, and the School will follow a fair and effective procedure in the event of a complaint being made. However, vexatious or time-wasting complaints are serious matters and may result in serious action being taken by the School in respect of vexatious and time-wasting complainants.  Such serious action may include legal action and/or ending the School’s contract with the vexatious or time-wasting parent (resulting in the child having to leave the School).

Proper consideration and confidentiality: Any concern or complaint (whether formal or informal) will be treated seriously and confidentially. A written record will be kept, with dates and with notes of the level at which resolution was reached, of any complaint and of any meetings, interviews, statements or correspondence arising in relation to a complaint. These will be kept confidential except in so far as is required of the School by Regulation/Law and will remain available for inspection in school by the Headmaster and Chairman of Governors.

Boarders and their parents can, for any complaints concerning child welfare in boarding, contact Ofsted by calling 08456 40 40 40  or e-mailing www.ofsted.gov.uk. , or can contact the Local Authority Designated Officer by calling 01422 393296 or in case of problems or distress can call the Children’s Rights Director on 0800 528 0731.
This Concerns and Complaints document is readily accessible to all pupils (including boarders) and their parents, being published on the School’s website under ‘Policies and Documentation’ and in the Parents’ and Pupils’ Handbook (which is issued to all parents/pupils on registration with the School and which is also published on the School’s website under ‘Policies and Documentation’ ).

Parents of EYFS children should be aware that (1) a record of any complaints is kept for at least three years and (2) should they wish to contact Ofsted they may do so by calling 08456 40 40 40 or e-mailing www.ofsted.gov.uk, and should they wish to contact or make a complaint to ISI they may do so by calling 020 7600 0100 or by going to ISI’s website at www.isi.net.

Time-scales: in order to ensure due and proper process throughout and to facilitate expeditious progress in consideration of the complaint, both parents and the School should co-operate with the panel chair in such a way as to ensure that the strict time-scale set overall for the completion of the treatment of the complaint (that is of 28 week-day term-time working days, which is a statutory requirement) can be met. (For the avoidance of doubt, this statutory period, which is the period from the date of receipt of the original complaint to the communication to all parties of the appeal panel’s final decision [if there is an appeal, which the panel chair hearing the complaint will not at that stage know but must allow for], must not exceed 28 week-day term-time working days).
 In particular this means that the person overseeing the process of the treatment of the complaint (the panel chair), whether at the complaint or at the appeal stage, must ensure that the smaller time-scales set, as appropriate, for the completion of the various stages and phases of the procedure, are not only sufficiently long to allow the parties to act as they need but also sufficiently short to allow the whole process (including any appeal if there is one) to be concluded from start to finish within the overall statutory time limit. It follows that to this end both parties must meet any reasonable deadline set by the person conducting the process (the panel chair) for both a complaint and (if there is one) an appeal.