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GEM Hereford aims to resolve all complaints at the earliest possible stage and is dedicated to ensuring all complaints are managed sympathetically and efficiently.
Any complaint or concern will be taken seriously, whether formally or informally, and the appropriate procedures will be implemented.
This policy has been created to deal with any complaint against a member of staff, or the school as a whole, relating to any aspects of the school or the provision of facilities or services.
The school will ensure the complaints procedure is:
Legal framework
This policy has due regard to legislation including, but not limited to, the following:
This policy also has due regard to related guidance including, but not limited to, the following:
This policy will be implemented in accordance with the following school policies:
Definitions
For the purpose of this policy:
Eligibility to make a complaint
Parents of young people currently being educated at the school are able to make a complaint in line with this policy.
All complaints will be treated seriously and confidentially. Parents will be assured that their children will not be penalised if they raise a complaint.
This policy does not cover complaints made by the following:
Timescales
Complaints are expected to be made as soon as possible after an issue arises to ensure the issue is addressed in an appropriate timescale.
The school upholds a three-month time limit in which a complaint can be lodged following an incident. Complaints made outside this time limit will not be automatically refused and exceptions will be considered.
Timescales for managing complaints at specific stages are outlined in the relevant sections of this policy. In the case of any timescales changing, all parties involved will be informed of the changes in a timely manner.
Informal raising of a concern
The school will endeavour to resolve most concerns informally. Concerns will be raised initially as follows:
A complaint may be made in person, by telephone or in writing. A written record will be kept of all concerns and the date on which they were received. A concern provided in writing will be acknowledged by telephone or in writing within five days of receipt during term time and as soon as practicable during school holidays.
If the concern is not resolved within ten days or, in the event that the complainant is not satisfied with the response to their concern, the complainant will be advised to proceed in accordance with the ‘Formal complaint’ stage of this procedure.
Formal complaint
The complainant should submit their complaint in writing to the headteacher (please refer to the table above regarding where complaints should be lodge). The complaint will be acknowledged by telephone or in writing within two days of receipt during term time and as soon as practicable during school holidays, indicating that action is being taken and the likely timescales.
The headteacher will meet with the complainant within five days of acknowledging receipt of the complaint to discuss the matter. If the complaint is about the headteacher, the discussion will take place with the Chair of Governors.
During the meeting, the headteacher will attempt to reach a resolution; however, it may be necessary for further investigations to be carried out by the headteacher or another designated member of staff. If the complaint is about the headteacher, the Chair of Governors or the Chairperson of the Board of Directors will arrange any necessary investigations.
Written records will be kept of all meetings and other communications held in relation to the complaint.
Once all facts are established, the headteacher will inform the complainant of their decision and their reasoning in writing.
If the complaint is about the headteacher, the chair of the proprietorial body will inform the complainant of their decision and their reasoning in writing.
The complainant will be informed of the decision within 10 days from the receipt of the complaint. Where there are exceptional circumstances resulting in a delay, the complainant will be notified of this and informed of the new timescales as soon as possible.
If the complainant is not satisfied with the outcome suggested, they will be advised to proceed to the ‘Panel hearing’ stage of this procedure.
Where a complaint cannot be resolved, a hearing before a panel appointed by or on behalf of the school’s proprietor will be arranged.
The panel will consist of at least three people who were not directly involved in the matters detailed in the complaint. One panel member will be independent of the manaGEMent and running of the school – this means they are not a member of the school’s workforce or proprietor body and are not otherwise involved in the manaGEMent of the school, e.g. a solicitor who regularly acts for the school.
A hearing will be scheduled to take place as soon as practicable and normally within 10 days. Reasonable arranGEMents will be made to ensure the complainant can attend the panel hearing. If the complainant does not exercise the right to attend the panel hearing, the hearing will still be held.
The complainant will be informed that they are able to be accompanied at the hearing if they wish; however, legal representation will not normally be appropriate.
The right for a parent to be accompanied at a panel hearing does not confer a right on a parent to have a legal representative make representations on their behalf at a hearing, but the school will decide whether to allow this on a case-by-case basis.
If the panel deems it necessary, it may require that further details of the complaint or any related matters be supplied in advance of the hearing. Copies of such information will be supplied to all parties no later than five days prior to the hearing.
After considering all of the relevant facts, the panel will make findings and recommendations. The decision, findings and recommendations will be provided to the complainant in writing within five days of the hearing. A copy of the decision, findings and recommendations will be sent to, where relevant, the person complained about, the headteacher and the chair of the proprietorial body.
The decision of the panel will be final and represents the conclusion of the school’s complaints procedure.
If it is found that the school has not met its requirements in relation to managing complaints because of the way a particular complaint has been handled, the Secretary of State has no power to compel the school to alter its decision on that complaint, only to take regulatory action designed to address the failure to meet the complaints standard, so that future complaints are dealt with properly.
A written record will be kept of any complaint made, detailing:
Additional records may be kept containing the following information:
Correspondence, statements and records relating to individual complaints will be kept confidential except where the Secretary of State or a body conducting an inspection under section 109 of the Education and Skills Act 2008 requests to access them.
The effectiveness of this policy will be monitored continually by the headteacher and the governing board and the board of directors of GEM Hereford. Any necessary amendments will be made immediately.
The next scheduled review date for this policy is stated on the version control rubric found of the front cover of this policy.
The school will establish a monitoring system that is backed up by performance measures and this will be reviewed following an incident.
