guidance to complement the trust complaints policy … · 2019-06-03 · guidance to omplement the...
TRANSCRIPT
The aim of this document is to support Headteachers and Governors in carrying
out their responsibilities at each stage of the Complaints Procedure by
providing relevant information and model templates.
The Bishop Konstant Catholic Academy Trust,
The Zucchi Suite, Nostell Business Estate, Nostell,
Wakefield, WF4 1AB
Telephone: 01924 802285
Email: [email protected] Website: www.bkcat.co.uk
Guidance to Complement the
Trust Complaints Policy
(Academies) 2019
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Guidance to Complement the Trust Complaints Policy (Academies)
All policies are written in line with our ethos: Within the Bishop Konstant Catholic Academy Trust, our academies are communities where our children and young people are given a clear vision for life, a vision which is rooted in the person and teachings of Jesus Christ and which is faithful to the mission of the Catholic Church.
The Trust seeks to serve all our families (Catholic and non-Catholic alike) and to work with other partners in education for the benefit of our children and young people; we are committed to working together as academies and with the wider community for the common good. In our academies, we uphold the dignity and unique human value of every person as we strive for excellence in education; gifts and talents are shared between our academies as we aim to provide the highest standards for all our children and young people, aged 3 to 19 years throughout the Trust.
POLICY DOCUMENT Guidance to Complement the Trust
Complaints Policy (Academies)
Legislation/Category: Academy Schools Legally Required
Lead Member of Staff: Trust Governance Manager
Approved by: BKCAT Trust Board
Date Approved: February 2019
Revision Date: February 2022
Review Frequency: 3 years
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Guidance to Complement the Trust Complaints Policy (Academies)
CONTENTS
Page
3. How to Minimise the Volume of Complaints you Receive
3. Stage One – dealing with informal complaints and concerns (overview)
Stage Two – formal consideration by the Headteacher (or other appropriate person)
4. Stage Two Complaints Form
6. Model Stage Two Acknowledgment Letter Template (Accepted)
6. Model Stage Two Acknowledgment Letter Template (Not Accepted)
8. Suggested Approach to Investigating a Complaint
9. Investigation Report Template
13. Model Stage Two Response Letter Template
Stage Three – formal consideration by the Chair of Academy Council (or other designated Governor)
14. Stage Three Complaint Form
16. Model Stage Three Acknowledgment Letter Template (Accepted)
16. Model Stage Three Acknowledgment Letter Template (Not accepted)
8. Suggested Approach to Investigating a Complaint
9. Investigation Report Template
17. Model Stage Three Response Letter Template
Stage Four – consideration by a Panel of Governors
19. Stage Four Complaint Form
20. Checklist of Actions for a Stage Four Complaint
23. Model Stage Four Acknowledgment Letter Template (Not accepted)
24. Model Stage Four Acknowledgement Letter Template (Accepted)
25. Model Letter Confirming Hearing Date
26. Model Letter to a Member of Staff Named in a Complaint
27. Considering the evidence– A suggested format for clarifying issues and seeking information
28. A Suggested Seating Plan for a Complaints Hearing
29. The Role of the Chair of the Panel
29. Format of a Panel Hearing
31. Model Letter Providing the Panel’s Decision
Serial or Persistent Complaint
33.
Model Letter Responding to Serial or Persistent Complaint
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Guidance to Complement the Trust Complaints Policy (Academies)
How to Minimise the Volume of Complaints you Receive There are simple steps that academies can take to reduce the likelihood of complaints being made.
Be open with information about all academy policies and documentation (for example about the curriculum or access to pupil records). Be clear in your brochure or prospectus about what parents are allowed to see and how they can obtain copies.
Publicise your arrangements for handling parental concerns as part of your general information policy. You should regard this as generating useful feedback rather than ‘inviting complaints’.
Ensure that all staff are aware of the statutory regulations regarding such areas as health and safety, child protection and reporting of racist incidents. Arrange awareness-raising sessions for your staff on topics where knowledge is patchy.
Don’t ‘go into denial’ about incidents that appear to cast the academy in a bad light. Dealing with issues causing concern will be positive for the academy overall. Bullying is a prime example; accept that it can occur in otherwise happy and well-managed academies. The important point is to have effective policies and practices in place when it occurs.
Stage One – dealing with informal complaints and concerns Academies need to be clear about the difference between a concern and a complaint. Taking informal concerns seriously at the earliest stage will reduce the number that develop into formal complaints. People may wish to ask questions or express an opinion, and academies should aim to create an environment that supports, welcomes and respects the involvement of others. The fact that academies must have a complaints procedure need not in any way undermine efforts to resolve concerns or complaints informally. The underlying principle is that concerns ought to be handled, if at all possible, without the need for formal procedures. In most cases the class teacher or the individual delivering the service in the case of extended school provision, will receive the first approach. Being able to resolve issues on the spot, including apologising or expressing regret, where appropriate is often the best approach. This is preferable to immediately invoking a complaints procedure which can place an unnecessary barrier of formality between the academy and its parents or the wider community. Apologies It is important to recognise the difference between an expression of regret, an apology and an admission of liability. Often, an expression of regret that someone is concerned about an issue, or that he or she has been inconvenienced by an incident, is a useful starting point for a constructive approach to resolving the difficulty. This can be a simple statement such as “I’m sorry that you feel like that” or “I’m sorry to hear what has happened”.
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Stage Two – formal consideration by the Headteacher (or other appropriate person)
STAGE TWO COMPLAINT FORM
It is important that you attempt to resolve any difficulties in the first instance by discussing your concerns/complaint with a member of staff at the academy. Many complaints can be settled on an informal basis over the telephone by speaking directly with a member of staff or the Headteacher. If you have tried this and are still not satisfied with the response then please fill in all the sections of this form and return it to the academy. The form should be completed and submitted within 3 months of the incident for the complaint to be considered.
Your name:
Pupil’s name (if relevant):
Your relationship to the pupil (if relevant):
Address:
Postcode:
Daytime telephone number:
Evening telephone number:
Email address:
Please give details of your complaint including whether you have spoken to anybody at the academy
about it and their response.
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What actions do you feel might resolve the problem at this stage?
Are you attaching any paperwork/evidence? If so, please give details.
Signature:
Date:
Academy use
Date acknowledgement sent:
By who:
Complaint referred to Headteacher / Designated Member of Staff:
Date:
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Guidance to Complement the Trust Complaints Policy (Academies)
Model Stage Two Acknowledgment Letter Template (Accepted)
Dear Mr/Mrs X, I am writing to acknowledge that your Stage Two Complaint Form has been received in the academy. At this stage of the Complaints Procedure, the Headteacher (or the Chair of the Academy Council if the complaint is about the Headteacher), will review the issues highlighted within your complaint and carry out an investigation. You should receive a response with the findings, and any relevant actions to be taken (if appropriate), within 10 school days. If for any reason this is not possible, you will be notified of the revised response date. Yours sincerely,
Model Stage Two Acknowledgment Letter Template (Not Accepted)
Dear Mr/Mrs X, I am writing to confirm that your Stage Two Complaint Form has been received in the academy; however, unfortunately it is in reference to an incident that occurred more than 3 months ago and will therefore, not be considered. The Academy’s Complaints Procedure states “The “Stage 2 Complaint Form” should be submitted within 3 months of the incident occurring unless the complainant has valid reasons”. Any further correspondence (including personal approaches, as well as letters and telephone calls) relating to this matter will not be considered or acknowledged. If you are unhappy with this decision, you have the right to refer your complaint to the Education and Skills Funding Agency (ESFA) by completing an online enquiry form at:
https://www.education.gov.uk/schools/leadership/schoolperformance/school-complaints-form
The ESFA may only be able to help if you are unable to complain, or are not satisfied with how the academy handles your complaint because the academy:
does not have a complaints procedure did not provide a copy of its complaints procedure when requested does not have a procedure that complies with part 7 of the Education (Independent School
Standards) Regulations 2014 has not followed its published complaints procedure has not allowed its complaints procedure to be completed
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The ESFA cannot change an academy’s decision about a complaint. Its role is to make sure the academy handles the complaint properly by following a published procedure
Yours sincerely,
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Suggested Approach to Investigating a Complaint
Investigator
The investigator’s role is to establish the facts relevant to the complaint by:
providing a comprehensive, open, transparent and fair consideration of the complaint through:
o sensitive and thorough interviewing of the complainant to establish what has happened and who
has been involved
o interviewing staff and children/young people and other people relevant to the complaint
o consideration of records and other relevant information
o analysing information
establishing what has happened so far, and who has been involved
liaising with the complainant as appropriate to clarify what the complainant feels would put things
right.
The investigator should:
(where relevant) interview those involved in the matter and/or those complained of, allowing them
to be accompanied if they wish
conduct interviews with an open mind and be prepared to persist in the questioning
keep notes of interviews or arrange for an independent note taker to record minutes of the meeting
ensure that any papers produced during the investigation are kept securely pending any appeal
be mindful of the timescales to respond
prepare a comprehensive report that sets out the facts, identifies solutions and recommends courses
of action to resolve problems. The Complaints Panel will wish to refer to this report if the complaint
progresses to Stage Four of the procedure.
Depending on the stage of the complaint, the Headteacher / Chair of Academy Council or Complaints
Panel will then determine whether to uphold or dismiss the complaint and communicate that
decision to the complainant, providing the appropriate escalation details.
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Investigation report [This is a template investigation report that an investigator may adapt to suit the
particular circumstances of their investigation]
Introduction Investigator: [Name and role]
Complainant: [Name and role]
Date investigation began:
Background to the investigation: [Brief overview of the complaint]
Process of
investigation
The investigation process: [Explain how the investigation was carried
out. Include terms of reference / what is being investigated]
Evidence collected: [List all evidence collected]
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Evidence not collected: [List all evidence that could not be collected
and why]
Persons interviewed: [List all people interviewed and dates of
interviews]
Persons not interviewed: [List any witnesses that could not be
interviewed and why]
The investigation
findings
Summary of complainant’s verbal and written evidence: [name and
summarise each document contained, set out how the evidence
supported or did not support your findings and why]
Summary of witness evidence: [name and summarise each witness
statement, quote from statement where relevant, set out how the
witness statement supported or did not support your findings and why]
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Facts established: [detail what the investigation has established]
Facts that could not be established: [detail any part of the investigation
that was inconclusive]
Other relevant information: [detail any other information that is
relevant to the matter]
Conclusion
Investigator’s recommendation:
Uphold complaint in full / uphold complaint in part / do not uphold
complaint
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Reason for recommendation: [such as the evidence indicates that the
academy fell short of expectations / insufficient evidence to
substantiate the complaint]
Further details on recommendation: [such as the type of action
suggested for example, Academy Council to review policies and
procedures / apology to be made to the complainant / no action
required by either party]
Outcome of investigation reported to complainant: [date that
outcome letter sent to complainant]
Investigator’s signature:
Date:
Supporting
documents
[List all documents collected as part of investigation and included in
report]
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Model Stage Two Response Letter Template Dear Mr/Mrs X, ACADEMY NAME – STAGE 2 COMPLAINT Thank you for your Stage Two Complaint Form dated…. In response to the receipt of your form, I have undertaken an investigation as part of Stage Two of the Academy's Complaints Procedure. You complain that: summary of complaint to be stated. State each point separately. I have completed my investigation and can offer the following response(s) on each of the points you have raised. 1. Concerning your complaint that …. 2. Concerning your complaint that ….
It is important that you are clear about what action the academy has taken at each stage of the process so far: Stage One State what action was taken in response and the outcome of this. Stage Two State what investigative action was taken in response and the outcome of this, including any remedial action to be taken if complaint is upheld. I hope this response answers your concerns. Please let me know if you wish me to clarify any points. In the meantime, if you are not satisfied with my reply, there are further stages of the Complaints Procedure that you can follow. The next stage is a review by the Chair of the Academy Council. To proceed to Stage Three, you should complete and submit a “Stage Three Complaint Form” within ten days of the receipt of this letter. If you do not meet this deadline (without a valid reason), it will be accepted that your complaint is closed and any further correspondence (including personal approaches, as well as letters and telephone calls) relating to this matter will not be considered or acknowledged. Yours sincerely, Headteacher
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Stage Three – Formal consideration by the Chair of the Academy Council (or designated person)
STAGE THREE COMPLAINT FORM
If you are not satisfied with the response received from the Headteacher’s investigation of your complaint, then please complete this form and return it to the academy. The form should be completed and submitted within 10 school days of receipt of the Headteacher’s response for the complaint to be progressed.
Your name:
Date Headteacher’s response received:
Please give details of why you are not satisfied with the Headteacher’s response.
What actions do you feel might resolve the problem at this stage?
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Are you attaching any new paperwork/evidence? If so, please give details.
Signature:
Date:
Academy use
Date acknowledgement sent:
By who:
Complaint referred to Chair of Governors / Designated Governor:
Date:
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Model Stage Three Acknowledgment Letter Template (Accepted)
Dear Mr/Mrs X, I am writing to acknowledge that your Stage Three Complaint Form has been received in the academy. At this stage of the Complaints Procedure, the Chair of the Academy Council (or other designated Governor) will review the issues highlighted within your complaint and carry out an investigation. You should receive a response with the findings, and any relevant actions to be taken (if appropriate), within 10 school days. If for any reason this is not possible, you will be notified of the revised response date. Yours sincerely,
Model Stage Three Acknowledgment Letter Template (Not Accepted)
Dear Mr/Mrs X, I am writing to confirm that your Stage Three Complaint Form has been received in the academy; however, unfortunately it is in reference to a complaint which you received a response to more than 10 school days ago and will therefore, not be considered. The Academy’s Complaints Procedure states “The “Stage 3 Complaint Form” should be submitted within 10 school days following receipt of the response from Stage 2, unless the complainant has valid reasons”. Any further correspondence (including personal approaches, as well as letters and telephone calls) relating to this matter will not be considered or acknowledged. If you are unhappy with this decision, you have the right to refer your complaint to the Education and Skills Funding Agency (ESFA) by completing an online enquiry form at:
https://www.education.gov.uk/schools/leadership/schoolperformance/school-complaints-form
The ESFA may only be able to help if you are unable to complain, or are not satisfied with how the academy handles your complaint because the academy:
does not have a complaints procedure did not provide a copy of its complaints procedure when requested does not have a procedure that complies with part 7 of the Education (Independent School
Standards) Regulations 2014 has not followed its published complaints procedure has not allowed its complaints procedure to be completed
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The ESFA cannot change an academy’s decision about a complaint. Its role is to make sure the academy handles the complaint properly by following a published procedure
Yours sincerely,
Model Stage Three Response Letter Template Dear Mr/Mrs X, ACADEMY NAME – STAGE 3 COMPLAINT Thank you for your Stage Three Complaint Form dated…. In response to the receipt of your form, I have undertaken an investigation as part of Stage Three of the Academy's Complaints Procedure. You complain that: summary of complaint to be stated. State each point separately. I have completed my investigation and can offer the following response(s) on each of the points you have raised. 1. Concerning your complaint that …. 2. Concerning your complaint that …. It is important that you are clear about what action the academy has taken at each stage of the process so far: Stage One State what action was taken in response and the outcome of this. Stage Two State what investigative action was taken by the Headteacher and the outcome of this, including any remedial action taken if complaint was upheld. Stage Three State what investigative action was taken by the Chair of the Academy Council and the outcome of this, including any remedial action to be taken if complaint is upheld. I hope this response answers your concerns. Please let me know if you wish me to clarify any points. In the meantime, if you are not satisfied with my reply, there is a further stage of the Complaints Procedure that you can follow. The next stage is a review by a Complaints Panel. The Complaints panel will usually be
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made up of members of the Academy Council; however, the academy must ensure that at least one member of the panel is independent of the running of the academy. To proceed to Stage Four, you should complete and submit a “Stage Four Complaint Form” within ten days of the receipt of this letter. If you do not meet this deadline (without a valid reason), it will be accepted that your complaint is closed and any further correspondence (including personal approaches, as well as letters and telephone calls) relating to this matter will not be considered or acknowledged. Yours sincerely, Chair of Academy Council
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Stage Four – consideration by a Complaints Panel
STAGE FOUR COMPLAINT FORM
If you are not satisfied with the response received from the Chair of the Academy Council’s/Designated Person’s investigation of your complaint, then please complete this form and return it to the academy. The form should be completed and submitted within 10 school days of receipt of the Chair of Academy Council’s/Designated Person’s response for the complaint to be progressed.
Your name:
Date Chair of Academy Council’s response received:
Please provide any further details that you would wish to share with the Complaints Panel hearing your
complaint.
Signature:
Date:
Academy use
Date acknowledgement sent:
By who:
Complaint referred to Chair of Complaints Panel:
Date:
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Checklist of Actions for a Stage Four Complaint Complaint from …………………………………………… Date …………………
Upon receipt of a Stage Four Complaint Form:
Tasks
Person responsible
Date completed
Clarify whether the complaint has exhausted the earlier stages of the Complaints Procedure.
Chair of Academy Council
Acknowledge receipt of the Stage Four Complaint Form within 5 school days.
Academy
Inform the Headteacher that a Stage Four complaint has been received. Chair of Academy Council
Arrange a Complaints Panel of Governors who are able to consider the case impartially and to be perceived as such by all parties. Governors with prior knowledge of the case must not be on the Panel. At least one member of the panel must be independent of the management and running of the academy
Chair of Academy Council
Determine whether an initial meeting is required to prepare the panel for the hearing and, if so, set a date for this.
Chair of the Complaints
Panel
At the Complaints Panel’s first meeting:
Tasks
Person responsible
Date completed
Make sure you understand the nature of the complaint. Chair of the Complaints
Panel
Decide what facts you need to establish. Chair of the Complaints
Panel
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Decide what evidence you need to establish the facts, e.g., you may wish to invite a witness to the complaint hearing or to ask him/her to write a signed statement. Identify who can be asked to provide that documentation.
Chair of the Complaints
Panel
Decide the date of the complaint hearing. The date should be as soon as possible, consistent with giving time for the necessary evidence to be collected.
Chair of the Complaints
Panel
Preparing for the hearing:
Tasks Person
responsible Date
completed
Notify the complainant, the Headteacher and any witnesses invited to the meeting of the date of the hearing.
The complainant, the Headteacher and any witnesses (including any members of staff) should be given the right to be accompanied by a friend or representative.
N.B.:
No child may be requested to attend without written parental permission.
The Committee cannot insist on anyone attending a hearing except for the Headteacher.
Complainants cannot insist that a witness attends.
Chair of the Complaints
Panel
Write to any member of staff named in the complaint to offer them an opportunity to attend the hearing. They may be accompanied by a friend or representative. You may not wish to use them as a witness but they have a right to attend if they wish.
Chair of the Complaints
Panel
Ensure there is an appropriate meeting room to conduct the hearing. Chair of the Complaints
Panel
Ensure there are appropriate areas where complainants, the Headteacher and any witnesses will wait.
Chair of the Complaints
Panel
Organise someone to take notes and draft minutes. Chair of the Complaints
Panel
Prepare questions the Complaints Panel needs to ask. Chair of the Panel
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Agree format of the meeting. The Complaints
Panel
When the Panel has reached its conclusions:
Tasks Person
responsible Date
completed
Write with the Complaints Panel’s conclusions to the complainants.
Send copies of the letter to:
the Headteacher;
any staff involved in the complaint.
Chair of the Complaints
Panel
Arrange for the minutes of the hearing to be shared, on a confidential basis, with the Complaints Panel, Headteacher and complainants.
Chair of the Complaints
Panel
Arrange for the Clerk/Minute Taker to produce a written report to the Academy Council.
In view of the sensitivity of complaints issues, reports of Complaints hearings should be as brief as possible. They should make clear:
the nature of the complaint;
the decisions of the Complaints Panel;
any recommendations of the Panel to the Academy Council.
Chair of the Complaints
Panel
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Model Stage Four Acknowledgment Letter Template (Not Accepted)
Dear Mr/Mrs X, I am writing to confirm that your Stage Four Complaint Form has been received in the academy; however, unfortunately it is in reference to a complaint which you received a response to more than 10 school days ago and will therefore, not be considered. The Academy’s Complaints Procedure states “The “Stage 4 Complaint Form” should be submitted within 10 school days following receipt of the response from Stage 3, unless the complainant has valid reasons”. Any further correspondence (including personal approaches, as well as letters and telephone calls) relating to this matter will not be considered or acknowledged. If you are unhappy with this decision, you have the right to refer your complaint to the Education and Skills Funding Agency (ESFA) by completing an online enquiry form at:
https://www.education.gov.uk/schools/leadership/schoolperformance/school-complaints-form
The ESFA may only be able to help if you are unable to complain, or are not satisfied with how the academy handles your complaint because the academy:
does not have a complaints procedure did not provide a copy of its complaints procedure when requested does not have a procedure that complies with part 7 of the Education (Independent School
Standards) Regulations 2014 has not followed its published complaints procedure has not allowed its complaints procedure to be completed
The ESFA cannot change an academy’s decision about a complaint. Its role is to make sure the academy handles the complaint properly by following a published procedure
Yours sincerely,
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Model Stage Four Acknowledgement Letter Template (Accepted) Dear Mr/Mrs X, I am writing to acknowledge that your Stage Four Complaint Form has been received in the academy. At this stage of the Complaints Procedure, a Complaints Panel will be convened, who will aim to meet within 20 school days to consider your complaint. When the date for the meeting is set, you will be notified in writing with an invitation to the meeting. Please let me know as soon as possible if:
there are any witnesses you would wish to attend the meeting;
you would like to have a friend or representative with you. You can contact me by writing to me care of the academy. Finally, please may I point out that your complaint and all related documentation should be treated as confidential by you and by everyone else involved in dealing with it. Yours sincerely, Chair of the Academy Council
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Model Letter Confirming Hearing Date Dear Mr/Mrs X, ACADEMY NAME – STAGE 4 COMPLAINT The Complaints Panel convened to hear your complaint has arranged a date for the hearing. The formal hearing of the complaint will take place on …………, commencing at …….. to be held at …… You are entitled to be accompanied by a friend or representative if you wish. I should be grateful if, no later than 5 days prior to the hearing, you would:
confirm that you will be attending; and
let me know the name of any friend or representative who will accompany you. Please also let me know in which capacity the additional person is attending (e.g., interpreter, friend, etc.).
Please confirm the above by writing to me care of the academy. Finally, please may I remind you that the consideration of this complaint and all related documentation should be treated as confidential by all concerned. We look forward to meeting you. Yours sincerely, Chair of the Complaints Panel
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Model Letter to a Member of Staff Named in a Complaint Dear Mr/Mrs X, ACADEMY NAME – STAGE 4 COMPLAINT The Academy Council has received a complaint from ……… in which you are named. I enclose a copy of the complaint and the Academy’s Complaints Policy for your information. We have arranged a formal hearing of the complaint on …………, commencing at …….. to be held at …… As a member of staff named in the complaint, you are entitled to attend, although we do not wish to call you as a witness. You are entitled to be accompanied by a friend or representative, if you wish. I should be grateful if you would let me know whether you wish to attend this hearing and inform me of the name of any friend or representative who will accompany you no later than 5 days prior to the hearing. It would help us to know in which capacity the additional person is attending (e.g., interpreter, friend, etc.). Finally, please note that this complaint and any documentation relating to it must be treated as confidential by all concerned. Yours sincerely, Chair of the Complaints Panel
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Considering the Evidence – A suggested format for clarifying issues and seeking information
What is the complaint? What facts are not disputed?
What facts do we need to establish?
How? (documentation from …. questioning of ……….)
Comments
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A Suggested Seating Plan for a Complaints Hearing
Complaints Panel Members
X X X Headteacher X X Clerk/note taker Friend/representative X X Witnesses (while evidence taken)
X X X
Complainants and friend/representative/interpreter X X X
Observers (staff named in the complaint who wish to attend, if appropriate)
It is an important principle that the Headteacher, staff and complainants are treated equally at all times, e.g., it is important that the Headteacher is not in the room with the members of the Complaints Panel without the complainant and vice-versa.
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The Role of the Chair of the Panel
The Chair of the Panel has a key role, ensuring that:
a date, time and venue of the hearing is set, ensuring that the dates are convenient to all parties and that the venue and proceedings are accessible;
While it may be appropriate to offer a selection of dates, panel meetings can proceed in the absence of a complainant if no mutual date is agreed.
parties are met and welcomed as they arrive at the hearing (usually by the Clerk);
the proceedings are recorded;
the remit of the panel is explained to the parties and each party has the opportunity of putting their case forward 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;
all parties are notified of the panel’s decision.
Format of a Panel Hearing
The panel needs to take the following points into account:
The hearing is as informal as possible.
Witnesses are only required to attend for the part of the hearing in which they give their evidence.
After introductions, the complainant is invited to explain their complaint. This is then followed by their witnesses.
The Headteacher may question both the complainant and the witnesses after each has spoken.
The Headteacher is then invited to explain the Academy’s actions and is followed by the Academy’s witnesses.
The complainant may question both the Headteacher and the witnesses after each has spoken.
The panel may ask questions at any point.
The complainant is then invited to sum up their complaint (no new points should be added).
The Headteacher is then invited to sum up the Academy’s actions and response to the complaint (no new points should be added).
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The Chair ensures all parties feel that they have had a fair hearing and reminds everyone of the confidentiality of the case.
The Chair explains that both parties will hear from the panel within a set time scale.
Both parties leave together while the panel decides on the issues. The Clerk will remain in the room with the panel.
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Model Letter Providing the Panel’s Decision Dear Mr/Mrs X, ACADEMY NAME – STAGE 4 COMPLAINT Thank you for attending the meeting of the Complaints Panel on ……. I am writing on behalf of the Panel. The Panel has given careful consideration to your complaint, which raised the following issues: 1. ………………….. 2. …………………. etc. The Panel’s conclusions are as follows: 1. Issue 1
As regards to the first issue raised from your complaint noted above, the Panel considered the following factors:
………….
………….
…………. etc. In the light of these considerations, the Panel does/does not uphold this aspect of your complaint. 2. Issue 2
As regard to the second issue raised from your complaint noted above, the Panel considered the following factors:
………….
………….
…………. etc. In the light of these considerations, the Panel does/does not uphold this aspect of your complaint. In addition to its conclusions on your complaint, the Panel will also be making the following recommendations to the full Academy Council: (N.B. There is no obligation to make recommendations.)
………….
…………. etc.
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This completes the Panel’s conclusions. This is the final stage of the Academy’s Complaints Procedure. I trust that you consider that your complaint has been dealt with fairly. However, if you are not satisfied with the way your complaint has been dealt with, you have the right to refer your complaint to the Education and Skills Funding Agency (ESFA) by completing an online enquiry form at:
https://www.education.gov.uk/schools/leadership/schoolperformance/school-complaints-form
The ESFA may only be able to help if you are unable to complain, or are not satisfied with how the academy handles your complaint because the academy:
does not have a complaints procedure did not provide a copy of its complaints procedure when requested does not have a procedure that complies with part 7 of the Education (Independent School
Standards) Regulations 2014 has not followed its published complaints procedure has not allowed its complaints procedure to be completed
The ESFA cannot change an academy’s decision about a complaint. Its role is to make sure the academy handles the complaint properly by following a published procedure
Finally, please note that the meeting of the Complaints Panel and the related documentation must be treated as confidential by all parties, including yourself. Yours sincerely, Chair of the Complaints Panel
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Model Letter Responding to Serial or Persistent Complaint Dear Mr/Mrs X, ACADEMY NAME – STAGE 4 COMPLAINT In response to your complaint regarding …….., I must inform you that we will no longer be responding to letters, emails or telephone calls from you on this particular subject. Since the Academy’s Complaints Procedure has been completed, you have contacted us several times outlining your case and asked us to re-consider your complaint. We have explained that we are unable to do so and directed you to contact the Academy Complaints Unit at the Department for Education. There is now nothing more we can say or do to help you with this issue. I hope you will understand that this decision has not been taken lightly. If you write to us on any other subject, we will reply as usual. Yours sincerely, Chair of the Academy Council