The Complaints Procedure

Each school or Local Education Authority (LEA) should have a copy of its own complaints procedure available for parents. The following is a general summary of the way in which complaints procedures tend to operate.

The vast majority of concerns and complaints can be resolved informally. There are many occasions when concerns are resolved by the member of staff with whom the parents are dealing. Parents should be able to raise concerns with members of staff without any formality, either in person, by telephone or in writing.

Stage 1 - Referral to the Head Teacher as a Formal Complaint

It will  become clear to parents when the concern is a definite complaint and cannot be resolved by a member of staff.  As Headteachers have responsibility for the day-to-day running of their schools, they have responsibility for the implementation of a complaints system and should be able to provide parents with a copy of their own complaints procedure.  At this stage, complaints should be made in writing, pointing out legal references and any failure under the guidelines 'Access to Education for children and young people with medical needs' (DCSF publication line 0870 000 2288 or DCSF-sickchildren) including any relevant evidence. Keep copies of all correspondence. Parents may wish to refer to 'Education Law and ME' on the AYME website.

Stage 2 - Appeal to the Chair of Governors

When a complaint is not resolved by the Headteacher, an appeal to the Chair of Governors may be made. Governors have a range of powers and duties under the Education Acts, fulfilling a large role in the running of the school. They establish aims and objectives for the school, adopting  policies and setting targets for achieving those aims and objectives. They are responsible for appointing the Head and Deputy Head and establishing procedures for the management of staff conduct, disclipline and grievances. Governors have a responsibility to see that mainstream schools have a written policy for meeting the needs of children with medical needs and that procedures are in place. They also have a responsibility to see there is a close liaison between teachers and the LEA tuition service so that programmes of work are available to pupils, social contacts maintained and the school is able to assist successful reintegration.
Again, complaints should be in writing and copies kept.

Stage 3 - Referral to the Director of Education
If parents have a formal complaint against the action of an LEA department (e.g. home tuition service) or member of staff of the LEA, referral to the Director of Education would be appropriate and thereafter to the Secretary of State.

The LEA has responsibility for overseeing all schools in their area. If parents are dissatisfied with the Chair of Governor's decision, complaint can be made in the same way by referral to the Director of Education at their local education offices.

Complaints Officer at the LEA

Complaints may be referred to the Advice and Conciliation Officer or Complaints Officer at the LEA who remains independent from the school.

Stage 4 - Referral to the Secretary of State

If the complaint is not resolved by the Director of Education referral can be made to the Secretary of State.The Secretary of State for Education and Employment is the government minister who is responsible for the entire education system. Complaints would need to show that the governing body or the LEA is acting or proposing to act unreasonably under Section 496 of the Education Act 1996 or that they failed to fulfil their legal duty under Section 497 of the Education Act 1996 (Part IX Chapter 1).

Under this Act, if the Secretary of State is satisfied that an LEA or the governing body of a school is in clear breach of a statutory duty under education law, or that it is acting unreasonably in the exercise of any power conferred or duty imposed on them by education law, he/she may direct the LEA or governing body as to the action it should take. It is not enough for the Secretary of State to simply disagree with what the LEA or school has done. In order to be able to make a direction on the grounds of unreasonableness, he/she must reach a view that the LEA or governing body has acted in a way which no reasonable authority or school, acting with recognition of its responsibilities, would have acted, and that there was a direction that he/she could reasonably make that would help remedy the situation.

Complaints to the Secretary of State should be addressed to: Department for Children, Schools and Families, Sanctuary Buildings, Great Smith Street, London. SW1P 3BT Tel. 0870 000 2288

The Local Government Ombudsman

The Local Government Ombudsman investigates cases of injustice caused by maladministration by an LEA. This may include:

• delay
• failure to reply to letters
• malice or bias
• failing to inform parents of their rights
• failing to give reasons when asked
• failing to provide information
• giving incorrect or misleading information or advice
• not keeping promises
• threats or harassment
• rudeness or discourtesy

If you have a maladministration difficulty which you haven't been able to resolve with the LEA, you can complain directly to the Ombudsman or ask your local councillor to do so for you. Councillors' names can be found at the council offices, the library or from Citizens' Advice Bureau. There are three Local Government Ombudsmen in England based in London (0207 217 4620), York (01904 380 200) and Coventry (0247 682 0000) to cover the whole country. However, a Local Government Ombudsman cannot intervene when a family disagrees with the LEA's opinion about, for example, the suitability of educational arrangements. There has to be an element of maladministration. For more information, visit www.lgo.org.uk.

Article last edited on Wednesday 29th July 2009                          Printable Version