It is in everyone’s interest that complaints are
resolved at the earliest possible stage. The experience
of the first contact between the complainant and the school
can be crucial in determining whether the complaint will
escalate. To that end, if staff are made aware of the procedures,
they know what to do when they receive a complaint.
It would assist the procedure if the school respected
the views of a complainant who indicates that he/she would
have difficulty discussing a complaint with a particular
member of staff. In these cases, the complaints co-ordinator
can refer the complainant to another staff member. Where
the complaint concerns the headteacher, the complaints
co-ordinator can refer the complainant to the chair of
governors.
Similarly, if the member of staff directly involved feels
too compromised to deal with a complaint, the complaints
co-ordinator may consider referring the complainant to
another staff member. The member of staff may be more senior
but does not have to be. The ability to consider the complaint
objectively and impartially is crucial.
Where the first approach is made to a governor, the next
step would be to refer the complainant to the appropriate
person and advise them about the procedure. It would be
useful if governors did not act unilaterally on an individual
complaint outside the formal procedure or be involved at
the early stages in case they are needed to sit on a panel
at a later stage of the procedure.
Stage Two: Complaint Heard by Headteacher
The headteacher’s influence will already have shaped
the way complaints are handled in the school. At this point,
the complainant may be dissatisfied with the way the complaint
was handled at stage one as well as pursuing their initial
complaint. The head may delegate the task of collating
the information to another staff member but not the decision
on the action to be taken.The Head will write to the complainant with the outcome of the investigation within 15 days of receiving the complaint.
Stage Three: Complaint Heard by Governing Bodies
Complaints Appeal Panel
The complainant needs to write to the Chair of Governors
giving details of the complaint. The Chair, or a nominated
governor, will convene a GB complaints panelwithin 20 school days.
The governors’ appeal hearing is the last school-based
stage of the complaints process, and is not convened to
merely rubber-stamp previous decisions.
Individual complaints would not be heard by the whole
GB at any stage, as this could compromise the impartiality
of any panel set up for a disciplinary hearing against
a member of staff following a serious complaint.
The governing body may nominate a number of members with
delegated powers to hear complaints at that stage, and
set out its terms of reference. These can include:
- drawing up its procedures;
- hearing individual appeals;
- making recommendations on policy as a result of complaints.
The panel can be drawn from the nominated members
and may consist of three to five people. The panel may
choose their own chair.
The Remit of the Complaints Appeal Panel
The panel can:
- dismiss the complaint in whole or in part;
- uphold the complaint in whole or in part;
- decide on the appropriate action to be taken to resolve
the complaint;
- recommend changes to the school’s systems or
procedures to ensure that problems of a similar nature
do not recur.
There are several points which any governor sitting on
a complaints panel needs to remember:
a. It is important that the appeal hearing is independent
and impartial and that it is seen to be so. No governor
may sit on the panel if they have had a prior involvement
in the complaint or in the circumstances surrounding it.
In deciding the make-up of the panel, governors need to
try and ensure that it is a cross-section of the categories
of governor and sensitive to the issues of race, gender
and religious affiliation.
b. The aim of the hearing, which needs to be held in private,
will always be to resolve the complaint and achieve reconciliation
between the school and the complainant. However, it has
to be recognised the complainant might not be satisfied
with the outcome if the hearing does not find in their
favour. It may only be possible to establish the facts
and make recommendations which will satisfy the complainant
that his or her complaint has been taken seriously.
c. An effective panel will acknowledge that many complainants
feel nervous and inhibited in a formal setting. Parents
often feel emotional when discussing an issue that affects
their child. The panel chair will ensure that the proceedings
are as welcoming as possible. The layout of the room will
set the tone and care is needed to ensure the setting is
informal and not adversarial.
d. Extra care needs to be taken when the complainant is
a child. Careful consideration of the atmosphere and proceedings
will ensure that the child does not feel intimidated. The
panel needs to be aware of the views of the child and give
them equal consideration to those of adults. Where the
child’s parent is the complainant, it would be helpful
to give the parent the opportunity to say which parts of
the hearing, if any, the child needs to attend.
e. The governors sitting on the panel need to be aware
of the complaints procedure.
Roles and Responsibilities
The Role of the Clerk
The Department strongly recommends that any panel or group
of governors considering complaints be clerked. The clerk
would be the contact point for the complainant and be required
to:
- set the date, time and venue of the hearing, ensuring
that the dates are convenient to all parties and that
the venue and proceedings are accessible;
- collate any written material and send it to the parties
in advance of the hearing;
- meet and welcome the parties as they arrive at the
hearing;
- record the proceedings;
- notify all parties of the panel’s decision.
The Role of the Chair of the Governing Body or
the Nominated Governor
The nominated governor role:
- check that the correct procedure has been followed;
- if a hearing is appropriate, notify the clerk to arrange
the panel;
The Role of the Chair of the Panel
The Chair of the Panel has a key role, ensuring that:
- the remit of the panel is explained to the parties
and each party has the opportunity of putting their case
without undue interruption;
- the issues are addressed;
- key findings of fact are made;
- parents and others who may not be used to speaking
at such a hearing are put at ease;
- the hearing is conducted in an informal manner with
each party treating the other with respect and courtesy;
- the panel is open minded and acting independently;
- no member of the panel has a vested interest in the
outcome of the proceedings or any involvement in an earlier
stage of the procedure;
- each side is given the opportunity to state their case
and ask questions;
- written material is seen by all parties. If a new issue
arises it would be useful to give all parties the opportunity
to consider and comment on it.
Witnesses will be permitted at the discretion of the panel.
Notification of the Panel’s Decision
The chair of the panel needs to ensure that the complainant
is notified of the panel’s decision, in writing,
with the panel’s response within 3 days.
