1. INTRODUCTION

1.1. West Lakes Multi-Academy Trust (the “Trust”) endeavours to provide the best

education possible for all of its students in an open and transparent environment.

We welcome any feedback that we receive from parents, students and third parties,

and we accept that not all of this will be positive. Where concerns are raised the

1.2. In order to do so, the Trust Board has approved the following procedure, for use by

the Local Governing Board of each academy, which explains what you should do if

you have any concerns about that academy. All members of staff will be familiar with

the procedure and will be able to assist you.

2. LEGAL FRAMEWORK

2.1. This policy has due regard to the following legislation and guidance, including, but

2.1.2. The Education Act 2002

2.1.6. The Data Protection Act 2018 (including the General Data Protection

Regulation (GDPR))

2.2. This policy also has due regard to guidance including, but not limited to, the

following:

2.2.1. Education and Skills Funding Agency (ESFA) (2015) ‘Creating an academy

complaints procedure’

2.2.2. HM Government ‘Code of practice on the English language requirement for

public sector workers’ 2016

3.1. A concern may be defined as ‘an expression of worry or doubt over an issue

considered to be important for which reassurances are sought’.

3.2. A complaint may be defined as ‘an expression of dissatisfaction however made,

about actions taken or a perceived lack of action’.

3.3. It is in everyone’s interest that concerns and complaints are resolved at the earliest

possible stage. Many concerns and complaints can be resolved informally, without

the need to use the formal stages of the complaints procedure. West Lakes Multi-

Academy Trust takes concerns seriously and will make every effort to resolve the

matter as quickly as possible.

refer you to another staff member. The member of staff may be more senior but does

not have to be. The ability to consider the concern objectively and impartially is more

important.

3.5. We understand however, that there are occasions when people would like to raise

their concerns formally. In this case, the Trust will attempt to resolve the issue

internally, through the stages outlined within this complaints procedure.

4. WHO CAN MAKE A COMPLAINT?

Unless complaints are dealt with under separate statutory procedures (such as

5.1. This procedure covers all complaints about any provision of community facilities or

services by the Trust other than complaints that are dealt with under other statutory

procedures, including those listed below. You can access these policies on each

academy website or ask for a copy from the academy reception.

5.1.1. Admissions to schools; please see the relevant academy’s admission

policy or contact admissions@westlakesacademy.org.uk.

5.1.2. Statutory assessments of Special Educational Needs; please contact

about child protection matters are handled under our child protection and

safeguarding policy and in accordance with relevant statutory guidance.

If you have serious concerns, you may wish to contact the local authority

designated officer (LADO) who has local responsibility for safeguarding or

thhttps://cumbriasafeguardingchildren.co.uk/lscb

5.1.4. Complaints about exclusion of children from an academy should be

dealt with by the process explained at: https://www.gov.uk/school-

discipline-exclusions/exclusions. Complaints about the application of the

behaviour policy can be made through this complaints procedure.

5.1.5. Whistleblowing; we have an internal whistleblowing procedure for all our

employees, including temporary staff and contractors.

5.1.5.1. The Secretary of State for Education is the prescribed person for

matters relating to education for whistleblowers in education who

Education (see link above), depending on the substance of your

complaint.

5.1.6. Staff grievances; complaints from staff will be dealt with under the Trust’s

internal grievance procedures.

5.1.7. Staff conduct; complaints about staff will be dealt with under the Trust’s

internal disciplinary procedures, if appropriate. Complainants will not be

informed of any disciplinary action taken against a staff member as a

result of a complaint. However, the complainant will be notified that the

5.1.8. Complaints about services provided by other providers who may use

Trust premises or facilities; providers should have their own complaints

Education at; www.education.gov.uk/contactus

5.2. If other bodies are investigating aspects of the complaint, for example the police,

local authority (LA) safeguarding teams or Tribunals, this may impact on our ability

to adhere to the timescales within this procedure or result in the procedure being

suspended until those public bodies have completed their investigations.

5.3. If a complainant commences legal action against the Trust in relation to their

complaint, we will consider whether to suspend the complaints procedure in relation

6. RESOLVING COMPLAINTS

6.1. At each stage in the procedure, the Trust wants to resolve the complaint. If

appropriate, we will acknowledge that the complaint is upheld in whole or in part. In

addition, we may offer one or more of the following:

6.1.1. an explanation

6.1.2. where relevant, an admission that the situation could have been handled

differently or better

6.1.3. where relevant, an assurance that we will try to ensure the event

complained of will not recur

6.1.4. where appropriate, an explanation of the steps that have been or will be

taken to help ensure that it will not happen again and an indication of the

timescales within which any changes will be made

7.1. If a complainant wants to withdraw their complaint, we will ask them to confirm this

in writing.

8.1. If the complaint suggests that a child has been at risk of significant harm through

violence, emotional abuse, sexual harassment or neglect, it may be referred without

further notice to Children’s Services at the local authority

Body may postpone the complaints procedure.

relating to a formal assessment of SEND and decisions to permanently exclude a

child.

9.1. The majority of concerns can be dealt with without resorting to the procedure. Where

you have a concern about any aspect of an academy in the Trust or your child’s

education or wellbeing, these should be raised with either:

9.1.1. In the case of a secondary academy, your child’s head of year via the

arrange a meeting with you to discuss the issue.

9.3. All concerns will be dealt with confidentially, although the staff member may need to

take notes if they feel that the matter may need to be taken further or it may arise

again in the future. Any such notes will be kept in accordance with the principles of

the Data Protection Act 2018 (including the General Data Protection Regulation

(GDPR)). However, such notes would be able to be used to as evidence if further

investigation was required, or if the concern became a formal complaint.

10. SAFEGUARDING

10.1. Wherever a complaint indicates that a child’s wellbeing or safety is at risk, that

academy is under a duty to report this immediately to the local authority and the

Trust. Any action taken will be in accordance with each academy’s child protection

policy which can be found on the individual academy’s website.

13.3. West Lakes Multi-Academy Trust upholds a six month time limit within which a

complaint can be lodged regarding an incident in any academy in the Trust.

Complaints made outside this time limit will not be automatically refused and

exceptions will be considered.

13.4. In the case of any timescales changing, all parties involved will be informed of the

or electronically via email.

13.7. A complaint can progress to the next stage of the procedure even if it is not viewed

complaints procedure.

13.8. In regard to paragraph 14.10, any complaint made against the Principal may be

initially dealt with by the Chair of the Local Governing Body subject to the Chief

Executive Officer’s decision.

complaints made against the team follow this same procedure, replacing Principal

with Chief Executive Officer.

13.11. A complaint made against the Chief Executive Officer should be made to the Clerk

to the Board.. The Chief Executive Officer is not employed in any individual

academy however complaints made against the Chief Executive Officer follow this

same procedure, replacing Governor with Trustee and replacing academy with

Trust.

14. COMPLAINTS PROCEDURE – STAGE ONE

receipt of the complaint in writing (either by letter or email) within two academy days.

14.3. Within this response, the Principal will seek to clarify the nature of the complaint, ask

what remains unresolved and what outcome the complainant would like to see. The

Principal can consider whether a face to face meeting is the most appropriate way

of doing this.

academy’s Senior Team but not the decision to be taken.

14.4. During the investigation, the Principal (or investigator) will:

14.4.1. if necessary, interview those involved in the matter and/or those

complained of, allowing them to be accompanied if they wish

14.6. If the Principal is unable to meet this deadline (to take legal advice, require further

investigation of any relevant issue etc.), they will provide the complainant with an

update and revised response date.

14.7. The response will detail any actions taken to investigate the complaint and provide

a full explanation of the decision made and the reason(s) for it. Where appropriate,

it will include details of actions the Academy will take to resolve the complaint.

14.8. The Principal will advise the complainant of how to escalate their complaint should

they remain dissatisfied with the outcome of Stage 1.

all the actions at Stage 1.

14.11. If the complaint is:

14.12.1 jointly about the Chair and Vice Chair or

14.12.2 the entire governing Body; or

14.11.1. the majority of the Governing Body

Stage 1 will be considered by an independent investigator appointed by the Trust.

At the conclusion of their investigation, the independent investigator will provide a

formal written response.

should not act alone on a complaint outside the procedure; if they do, they cannot

be involved if the complaint is subject to a hearing at a later stage of the procedure.

15.1. If the complainant is dissatisfied with the outcome at Stage 1 and wishes to take the

matter further, they can escalate the complaint to Stage 2. This is the final stage of

the complaints procedure.

21.3.4. keep records.

should:

21.4.2. set the date, time and venue of the meeting, ensuring that the dates are

convenient to all parties (if they are invited to attend) and that the venue

and proceedings are accessible

21.4.3. collate any written material relevant to the complaint (for example; stage

1 paperwork, school and complainant submissions) and send it to the

parties in advance of the meeting within an agreed timescale

21.4.4. record the proceedings

21.5.1. both parties are asked (via the Clerk) to provide any additional information

relating to the complaint by a specified date in advance of the meeting

21.5.2. the meeting is conducted in an informal manner, is not adversarial, and

that, if all parties are invited to attend, everyone is treated with respect

and courtesy

21.5.3. complainants who may not be used to speaking at such a meeting are put

at ease. This is particularly important if the complainant is a child/young

person

21.5.6. If a new issue arises it would be useful to give everyone the opportunity

to consider and comment upon it; this may require a short adjournment of

the meeting

21.5.7. both the complainant and the academy are given the opportunity to make

their case and seek clarity, either through written submissions ahead of

the meeting or verbally in the meeting itself

21.5.8. the issues are addressed

21.5.9. key findings of fact are made

21.5.10. the committee is open-minded and acts independently

one).

21.6.1. the meeting must be independent and impartial, and should be seen to be

so no governor may sit on the committee if they have had a prior

involvement in the complaint or in the circumstances surrounding it.

21.6.2. the aim of the meeting should be to resolve the complaint and achieve

reconciliation between the academy and the complainant. We recognise

21.6.4. extra care needs to be taken when the complainant is a child/young

person and present during all or part of the meeting.

21.6.4.1. Careful consideration of the atmosphere and proceedings

21.6.4.2. The committee should respect the views of the child/young

21.6.4.4. However, the parent should be advised that agreement might

21.6.5. the welfare of the child/young person is paramount.

22. FORMAL COMPLAINTS FORM

If you have tried unsuccessfully to informally resolve your concerns or complaint and

wish to take the matter further, please complete this form and send it to the Principal.

(If you complaint is against the Principal, you will need to send the form to the Chair