St. Thomas Garnet’s School Complaints Procedures

Foreword

There is a difference between a concern and a complaint. Taking informal concerns seriously at an earliest stage will reduce the numbers that develop into formal complaints. Parents are welcome to raise concerns with members of staff at the earliest stage.

The key statements that are contained in this document deal with complaints but the underlying principle is that concerns should be handled, if at all possible, without the need for formal procedures. In cases the class teacher/ Nursery Nurse will receive the first approach. It is hoped that staff would be able to resolve the issues on the spot.

A summary of how the school deals with complaints will be included in the information which is given to new parents when their child (ren) join the school. Existing parents should be reminded of the system at regular intervals.

School staff including non-teaching staff, will be familiar with the procedures so that they can advise parents about their operation and have clear information about which staff have which responsibilities so that parents do not get continually passed from one to another.

The formal procedures would need to be invoked when initial attempts to resolve the issues are unsuccessful and the person raising the concerns remains dissatisfied and wishes to take the matter further. Complaints need to be recorded and will be monitored termly by senior staff and trustees. Recording will begin at the point a concern or initial complaint has become a matter of investigation and/or consultation with others in the school and will require a later report back (either orally or in writing) to the parent.

It can be helpful to identify what sort of outcome the parent is looking for particularly at the initial stage of complaint.

Staff who maybe questioned as part of a complaint procedure investigation must feel they are being treated in a fair way and that they too will have an opportunity to put their case. There is a crucial balance to be maintained between supporting the individual so that his/her rights and reputation are protected and investigating a complaint thoroughly and impartially.

It is very important to treat conversations and correspondence with discretion. It is vitally important that parents feel confident that their complaint will not penalise their child (ren).

N.B. In line with our registration requirements, this policy covers the whole school, thus any reference to school included Kindergarten.

It is hoped that the school’s complaints procedure will limit the number of complaints that become protracted. However, there will be occasions when, despite all stages of the procedures have been followed, the complainant remains dissatisfied. If the complainant tries to reopen the same issue, the Chair of the Trustees is able to inform them in writing that the procedure has been exhausted and that the matter is now closed.

Where reference is made to the Chair of Trustees it is understood that he/she may appoint another Trustee as their nominee.

5.4.2          Dealing with Complaints

The School has a Three Stage Procedure.

N.B. If a complaint is against the action of the Headteacher, or if the Headteacher has been very closely involved at Stage 1, the Chair of the Trustee Body  will carry out all the Stage 2 procedures. However, if the complainant feels Stages 1 & 2 are not appropriate then proceed directly to Stage 3.

Complaints will be dealt with in a professional and caring manner consistent with fairness to all concerned.

Each stage of the procedure will have known time limits. Where it is not possible to meet these, information about progress will be given to the complainant. Care will be taken not to drag things out with unnecessary bureaucracy. Parents raising concerns or complaints are welcomed to be accompanied by a friend, a relative or a representative at any stage of the procedure.

5.4.2.1       Stage 1

Complaint heard by Staff Member (though not if they are the subject of the complaint).

Both the complainant and staff member may feel that it is more appropriate that a senior member of staff hears the complaint.

Currently Senior Staff are: -

School:  Mr. H. Kenward (for the purposes of the complaints procedure)

Kindergarten: Miss S Tattum

The staff member dealing with the concern will make sure that the parent(s) is clear what action (if any) or monitoring of the situation has been agreed.

It is hoped that most complaints will be resolved at this stage.

Where no satisfactory solution has been found within 10 days, parents are requested to express in writing if they wish their concern to be considered furt 

 5.4.2.2       Stage 2

 Complaint heard by Headteacher (currently Mrs J-A Cutler) or her designate

The Headteacher (or designate) will acknowledge the complaint orally or in writing within 3 working days if receiving the written complaint. Where possible the Headteacher will provide a response to the complaint within 10 working days; and if this proves impossible, the Headteacher will send a letter explaining the reason for delay and give a revised target date. The Headteacher welcomes the opportunity to meet with the complainant to supplement any information provided previously.

Once all relevant facts have been established, the Headteacher (or designate) will then produce a written response to the complaint, or may wish to meet the complainant to discuss/resolve the matter directly.

If necessary, the Headteacher (or designate) may interview witnesses and take statements from those involved. Children will normally be interviewed with parents, guardians present. In some situations, circumstances may prevent this, thus another member of staff with whom the pupil feels comfortable will be asked to attend.

The Headteacher (or designate) will keep records of meetings, telephone conversations and other documentation in a confidential manner.

The complainant is advised that should s/he wish to take the complaint further s/he should notify the Chair of Trustees within 4 weeks of receiving the outcome letter.

 5.4.2.3        Stage 3              Independent Panel

Complaint heard by Trustee Appeal Panel and Independent Chair of the Panel, who is

                  Mr. John Regan, Headteacher, Corpus Christi School.

The panel will be made up of at least three people who were not directly involved in the matters detailed in the complaint, and one person who will be independent of the management and running of the school. The person who is appointed on behalf of the Trustees to be independent of the management and running of the school is Mr. John Regan, Headteacher, Corpus Christi School. 

For Stage 3 all complaints must be submitted in writing.

Should the complainant wish to bring their concerns directly to the attention of the Trustee Body they may write to:

The Chair of Trustees
St. Thomas Garnet’s School
C/o Lacey’s  Solicitors
5, Poole Road
Bournemouth
BH2 5QL

The Remit of The Trustee 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 to do recur.

Notification of the Panel’s decision

The Chair of the panel will ensure that the complainant is notified of the panel’s decision, in writing, with the panel’s response; this is within a set deadline, which will be agreed at the hearing. The letter will explain if there are any further rights of appeal and, if so, to whom they need to be addressed.

Having exhausted the Three Stage procedure, as laid down by the Association, an unsatisfied complainant may ask for an independent panel review of the handling of the case.

     The Remit of the Independent Panel is in two sections.

Section 1 to examine and review stages 1-3 of the published procedure. If they find that correct procedures have been followed then they endorse the Trustees decision.

Should their decision be that procedures were not followed they will then move to section

Section 2 The Panel to review the evidence as presented and to arrive at a decision. This decision is binding on both parties and marks the end of the complaints process.

New evidence cannot be introduced during Sections 1 & 2.

   5.4.3                                                  

                               Concerns And Complaints About The School

                                                Guidance notes for Parents

If you have a concern or complaint

We would like you to tell us about it. We welcome suggestions for improving our work in the school. Be assured that no matter what you are wanting to tell us, our support and respect for you and your child in the school will not be affected in any way. Please tell us of your concern as soon as possible. It is difficult for us to investigate properly an incident or problem, which has happened some time ago.

What to do first

Most concerns and complaints can be sorted out quickly by speaking with your child’s class teacher.

If you have a complaint, which you feel should be looked at by the Headteacher in the first instance you can contact him straightaway if you prefer. It is usually best to discuss the problem face to face. You may need an appointment to do this, and can make one by ringing or calling in to the School Office. You can take a friend or relation to the appointment with you if you like.

All staff will make every effort to resolve your problem informally. They will make sure that they understand what you feel went wrong, and they will explain their own actions to you. They will ask what you would like the school to do to put things right. Of course, this does not mean that in every case they will come round to your point of view but it will help both you and the school to understand both sides of the question. It may also help to prevent a similar problem arising again.

 What to do next

If you are dissatisfied with the teacher’s response you can make a complaint to the Headteacher, who may ask you to put your concerns in writing.

If your complaint is about an action of the Headteacher personally, then you should refer it to the Chair of Trustees. You can contact him/her in writing either

C/o  The School or to

 The Chair of Trustees
St. Thomas Garnet’s School
C/o Laceys
5, Poole Road
Bournemouth
BH2 5QL

 You may also find it helpful at this stage to have a copy of the full statement of the General Complaints Procedure as this explains in detail what procedures are followed.

This is available from the School Office.

The Headteacher will ask to meet you for a discussion of the problem. Again you make take a friend or someone else with you if you wish. The Headteacher will conduct a full investigation of the complaint and may interview any members of staff or pupils involved. You will receive a written response to your complaint.

If you are still unhappy

The problem will normally be solved by this stage. However, if you are still not satisfied you may wish to contact the Chair of Trustees to ask for referral of your complaint to a Trustees’ Complaints Panel. It will then be heard by a group of three trustees who have no previous knowledge of the problem and so will be able to give it a fresh assessment. You will be invited to attend and speak to the panel at a meeting, which the Headteacher will also attend. The Complaints Procedures statement explains how these meetings operate.

Further Action

Complaints about school problems are almost always settled within school but in exceptional circumstances it may be possible to refer the problem to an Independent Panel. Again there is more information on this is the Complaints Procedure.

 5.4.4                                                                  The procedure for Stage 3

Mr. John Regan , Headteacher of Corpus Christi School, is the  Chair for the Independent Body. Mr. Regan will act as Chair for the panel during the procedure of Stage 3. 

5.4.4.1 Upon receipt of a written request by the complainant for the complaint to proceed to stage 3, the procedures outlined should be followed.

5.4.4.2 The Trustees should write to the complainant to acknowledge receipt of the  written request. The acknowledgement should inform the complainant that the complaint is to be heard by three members of the school’s Trustees Body within 20 working days of receiving the complaint. The letter should also explain that the complainant has the right to submit any further documents relevant to the complaint. These must be received in time for the documents (at least six working days) to be sent to the three members.

5.4.4.3  The Trustees will arrange to convene a Trustee Complaints Panel. It may be necessary to appoint reserves to this Panel to ensure that three members are available to carry out their task within the set time.

The Panel members should have had no prior involvement with the complaint. If s/he has not previously been involved the Chair of the Trustees should chair the Panel; otherwise the Vice-Chair should do it. Generally it is not appropriate for the Headteacher to have a place on the panel. Panellists will want to bear in mind the (dis)advantages of having a parent (who is a Trustee)

5.4.4.4  on the Panel. Panellists will also want to be sensitive to issues of race and gender.

5.4.5        The Chair/Vice-Chair will ensure that the panel hears the complaint within 20 working days of receiving the letter in 1.2. All relevant correspondence regarding the complaint should be given to each Panel member as soon as the composition of the Panel is confirmed. If the correspondence is extensive, the Chair of the Panel should prepare a thorough summary for sending to Panel members.

5.4.6        The Chair/Vice-Chair will write and inform the complainant, Headteacher, any relevant witnesses and members of the Panel at least 5 working days in advance, of the date, time and place of the meeting. The notification to the complainant should also inform him/her of the right to be accompanied to the meeting by a friend/advocate/interpreter. The letter will also explain how the meeting will be conducted and the complainant’s right to submit any further written evidence to the Panel.

5.4.7        The Chair/Vice-Chair of the Panel should invite the Headteacher to attend the Panel meeting and prepare a written report for the Panel in response to the complaint. The Headteacher may also invite members of the staff directly involved in matters raised by the complainant to respond in writing or in person to the complaint. Any relevant documents including the Headteacher’s report should be received by all concerned- including the complainant- at least 4 working days prior to meeting.

5.4.8        The involvement of staff other than the Headteacher is subject to the discretion of the Chair of the Panel.

5.4.9        It is the responsibility of the Chair of the Panel to ensure that the meeting is properly minuted.

5.4.10    The aim of the meeting should be to resolve the complaint and achieve reconciliation between the school and the complainant. However, it has to be recognised that sometimes it may only be possible to establish facts and make recommendations, which will satisfy the complainant that his or her complaint has at least been taken seriously.

5.4.11    The Panel should remember that many parents are unused to dealing with groups of people in formal situations and may feel inhibited when speaking to the Panel. It is therefore recommended that the Chair of the Panel ensure that the proceedings are as informal as possible.

5.4.12    The meeting should allow for

·         The complainant to explain their complaint; and the Headteacher to explain the School’s response

·         The Headteacher to question the complainant about the complaint and the complainant to question the Headteacher and/or members of staff about the school’s respons

·         Panel members to have the opportunity to question both the complainant and the Headteacher

·         Any party to have the right to call witnesses (subject to the approval of the Chair) and all parties having the right to question all the witnesses

·         Final statements by both the complainant and the Headteacher

5.4.13    he Chair of the Panel will explain to the complainant and the Headteacher that the Panel will now consider its decision, and a written decision will be sent to both parties within 15 working days. The complainant, Headteacher, other members of staff and witnesses will then leave.

5.4.14 The Panel will then consider the complaint and all the evidence presented and

(a)    reach a unanimous, or at least a majority, decision on the complaint and

(b)    decide upon the appropriate action to be taken to resolve the complaint and

(c)    where appropriate, suggest recommended changes to the school’s systems or procedures to ensure that problems of a similar nature do not happen again.

5.4.14    A written statement outlining the decision of the Panel must be sent to the complainant and Headteacher. The letter to the complainant should explain whether a further appeal can be made, and if so, to whom.

5.4.15   The school should ensure that a copy of all correspondence and notes are kept      on file in the school’s records. These records should be kept separately from the pupil’s personal records.

5.4.5                                    Independent Panel

Role and expectation of  Independent Panel – to examine and review Stages 1 – 3 of the Complaints Procedure

5.4.5.1  If a complainant wishes to go beyond the Trustees’ Complaints Panel, an independent arbitration panel will be set up consisting of a Headteacher, (Mr. John Regan) a Trustee and a parent, none of who have had a connection the complainant 

5.4.5.2  Both parties would be encouraged to agree ahead of time to abide by its findings; if not, the arbitration panel can only express a view about the complaint and the means of resolving it. The arbitration panel has no legal basis for imposing its will.

5.4.5.3 This is regarded as the final stage in the complaints process. If the complainant remains dissatisfied the Chair of Trustees will inform them in writing the procedure is exhausted and is now closed.