Revisions to the recommended Complaints Procedure for schools

The Complaints Procedure recommended for adoption by schools is now over three years old. In that time significant experience has been gained on the way in which the recommended procedure has worked. Unfortunately it is increasingly evident that the number of complaints is escalating and the vigour with which they are pursued is increasing. It is therefore timely to review the procedure to ensure it does what it is intended to do and ensure the rights of all parties are protected.

The fundamental structure and principles of the procedure are based in law and so cannot be altered, however some developments to this framework are now recommended.

ACTIONS

• It is requested that Governing Bodies consider these recommended developments and adopt the revised procedure.
• It is also requested that at the very least the Headteacher and Chair of Governors are familiar with the procedures.
• All governors must be aware that they should not become involved in a formal complaint unless asked to by the Chair of Governors or unless they are supporting the complainant.

It has been a great advantage to all concerned that nearly every school has, to date, adopted the County Council's recommended complaints procedure. This has proved to be mutually beneficial to all parties, as it has led to consistent advice and support to schools and potential complainants. With effect from November 2005 we will be issuing the revised procedures to the public who request a copy.

Three versions of the full revised procedures are available:

1. An on-line updated version in which the significant changes to the original procedures have been marked for ease of reference.
2. An on-line updated version without any markings for printing-off, reference or inclusion/linking on your own website.
3. A hard copy version which is available from Lesley Rackham 01603 223391

An outline of the changes

• The main change is to improve the management of the escalation of complaints. The revised procedure makes it clear that the final decision to escalate between stages rests with the school, not the complainant and provides ways to deal with this.
• Many complaints have escalated because the 'report' from the earlier stage was inadequate. At each and all Stages the report must be able to convince the complainant that their complaint has been considered fairly and fully, the procedure therefore now includes a recommended report structure for use at all Stages.
• The number of Stage 3 complaints is sadly increasing. Unfortunately the current guidance to Stage 3 panels has proved, in some cases, to be too restrictive and/or confrontational. The recommended changes address this by making the latitude of the panel clearer.
• A number of other, smaller issues are now covered by the recommend procedure such as dealing with complaints from governors, involving pupils in investigations and vexatious complaints.
• The Ombudsman has stated that he has no authority to intervene in school complaints, so this option is now withdrawn from the procedure.
• The revised guidance has a preface that explains the role and context in which governors work with a view to strengthening their position with regard to complaints.

It is hoped that these changes will be welcomed by all concerned.

Recommendations to school on the management of complaints

The high level of intervention by the Local Authority into school complaints is a strong indicator that schools need additional support in managing complaints effectively. For this reason a series of successful courses for Headteachers and Chairs of Governors have been run this term and a further series in planned for the Autumn term 2005. You are strongly encouraged to attend this training, especially if you have not experienced dealing with a formal complaint; you can then learn from others who have dealt with them and not be caught out.

Two key messages

• The single most important piece of advice that can be given in managing complaints is to get the complaint in writing. Not the history or background, but a simple sentence along the lines that 'Despite a commitment to deal with the lengthy lunchtime queues, nothing appears to be have done'. Without such a statement, experience shows the complaint will be close to impossible to resolve.
• Lastly, but importantly, although complaints are usually based around a child, they tend to develop as an issue between parent and school. As a consequence the child can become forgotten. Reminding all parties that the child's on-going education must be everyone's first priority can sometime help find a resolution.

Other helpful advice is available through the training mentioned above.

Changes to the way in which the Local Authority handles complaints against schools

• The Complaints Officer has been re-titled Education Advice Officer. This change has the benefit of not immediately escalating a concern or issue into a complaint. It also better reflects the role of the Officer.
• In nearly every case the Headteacher will be informed, usually by telephone, of the complaint received and the advice given. The exception is when the complainant requests confidentiality.
• The Education Advice Officer is now supported by the SISOs office. When appropriate this allows the splitting of responsibility across two separate officers, one to support the complainant and one to support the school.