Sheffield Springs Academy Complaints Procedure

Sheffield Springs Academy

Complaints Procedure

Date first published

September 2021

Version

1 (Procedure)

Last Approved

September 2020

Review cycle

Annually (September 2022)

Contents 
 
Changes to this Edition .............................................................................................................. 1 
 Introduction ........................................................................................................................ 2 
 General Principals ............................................................................................................... 3 
 Statutory Obligations .......................................................................................................... 3 
 Dealing with Complaints ..................................................................................................... 3 
 Records ............................................................................................................................... 4 
 Investigating Complaints .................................................................................................... 4 
 Resolving Complaints.......................................................................................................... 5 
 Vexatious Complaints ......................................................................................................... 5 
 Timescales........................................................................................................................... 6 
 Complaints Received During School Holidays ................................................................ 6 
 Stages of the Process ...................................................................................................... 6 
 Withdrawing a Complaint ............................................................................................. 10 
 Complaints about the United Learning Trust ............................................................... 10 
 Contacts ........................................................................................................................ 10 
 Appendix A .................................................................................................................... 11 
 Appendix B .................................................................................................................... 12 
 

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Changes to this Edition

This procedure is an update to the Sheffield Springs Academy Complaints Policy 2020/2021.

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1. Introduction

1.1 Procedure

Sheffield Springs Academy (‘the school) prides itself on the quality of teaching and pastoral

care provided to its students. It recognises that parents/carers may from time to time have

concerns about the progress, achievement, behaviour or welfare of their child/ren.

Parents/carers are encouraged to make those concerns known to staff so that they can be

addressed in partnership with the school.

The school will take all concerns and complaints seriously and will make every effort to deal

with complaints informally at an early stage in the spirit of continued respect and partnership.

1.2 Definition

For the purposes of this procedure, concerns are defined as having a worry or doubt over an

issue considered to be important for which reassurances are sought. A complaint can be any

matter about which a parent/carer is unhappy and seeks action by the school.

Students, parents/carers can make a complaint to the school about most aspects of its

functions including:

• Attitude/behaviour of staff.

• Teaching and learning.

• Application of behaviour management systems.

• Bullying.

• Provision of extra-curricular activities.

Members of the public may make complaints to the school if the school is directly responsible

for the issue being complained about, for example:

• Behaviour of students during break-times in school.

• Disturbance to neighbours during school hours.

• Health and Safety issues of premises.

• Behaviour of staff.

1.3 Matters falling outside of this procedure

This procedure does not apply in relation to:

• Appeals against admissions or exclusions – these are managed under a separate

statutory procedure.

• Safeguarding concerns regarding children or allegations of abuse made against staff

including supply teachers and volunteers, which are managed under the school’s

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Safeguarding Policy and is distinct from formal staff disciplinary, grievance or

capability proceedings.

• Where the complaint concerns a third party or service used by the school please

complain directly to the third party.

• For ‘Subject Access Requests’ and ‘Freedom of Information Requests’ please see the

Data Protection and Freedom of Information Policy.

School policies are available on the website: Sheffield Springs Policies

• For whistleblowing complaints, please refer to the United Learning Trust

whistleblowing policy: ULT Whistleblowing Policy

2. General Principals

Wherever possible the school will try to deal with all informal concerns seriously at the

earliest stage therefore, reducing the number that develop into formal complaints. The

school will try to handle concerns without the need for formal procedures.

Formal procedures need only to be started when initial attempts to resolve the issue are

unsuccessful and the person raising the concern remains dissatisfied and wishes to take the

matter further.

3. Statutory Obligations

Complainants must be aware that there is a complaints procedure and copies of this will be

available upon request and also on the school’s website. If the process results in an appeal

to the Local Governing Body; this procedure is statutory. The meeting must have at least one

member of the panel independent of the management and running of the school.

Parents/carers must be allowed to attend the meeting and be accompanied if they wish.

4. Dealing with Complaints

It is important to be clear about the difference between a concern and a complaint. Taking

informal concerns seriously at the earliest stage will reduce the numbers that develop into

formal complaints. The school will:

• Welcome complaints as a positive means of promoting student/parent/carer

satisfaction.

• Use complaints as a way of identifying opportunities to do things better.

• Listen to students, parents and carers.

• Seek to resolve complaints swiftly.

• Reply with an acknowledgement letter in the first instance if a complaint is sent in by

letter and state we are looking into the matter.

• Have clear, simple to understand, published procedures for making a complaint.

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• Keep complainants informed about progress.

• Provide redress where a complaint is found to have substance.

• Regularly review how effective the complaints procedure is.

5. Records

All complaints (informal and formal) will be recorded by the school. The Headteacher is

responsible for ensuring staff record all complaints and their outcome. Records relating to

individual complaints are confidential except where the Education and Skills Funding Agency

(ESFA) or a statutory body conducting an inspection requests access to them. The Local

Governing Body will monitor the level and type of complaints and review outcomes.

It is important that those responsible for reviewing a complaint at each stage keep records of

what the complaint was, whether it was resolved following an informal or formal procedure,

proceeded to a panel hearing, any action taken by the school as a result of the complaint

(regardless of whether they are upheld), any evidence that was considered and the outcome.

Any personal information recorded in regard to the complaint will be kept in accordance with

the principles of General Data Protection Regulation (GDPR) and Data Protection Act 2018

(see the ICO website) and in accordance with the school’s Privacy Notice and Data Retention

policies: Sheffield Springs Policies.

The school processes data in accordance with its Privacy Notice. When dealing with

complaints the school (including any panel member appointed under the process) may

process a range of information, which is likely to include the following:

• The name of the complainant.

• The date and time at which the complaint was made.

• The details of the complaint.

• The desired outcome of the complainant.

• How the complaint is investigated (including written records of interviews held).

• Findings and recommendations of investigations.

• Any action taken.

• The complainant's response (satisfaction or further pursuit of complaint).

This may include ‘special category personal data’ (including sensitive data such as information

relating to physical or mental health) where necessary owing to the nature of the complaint.

6. Investigating Complaints

The person who takes forward the first formal procedure should make sure they:

• Establish what has happened so far and who has been involved.

• Clarify the nature of the complaint and what remains unresolved.

• Meet the complainant or contact them if further information is required.

• Clarify what the complainant feels would put things right.

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• Interview those involved, with an open mind.

• Keep notes of any interviews.

• Keep the Chair of the Local Governing Body informed without giving any details at this

stage.

7. Resolving Complaints

At each stage the school will keep in mind ways the complaint can be resolved. It might be

sufficient to acknowledge that the complaint is valid in whole or in part. It might also be

appropriate to offer an:

• Apology.

• Explanation.

• Admission that the situation could have been handled differently or better.

• Assurance that the event complained of will not recur.

• Explanation of the steps taken to make sure it will not happen again.

• Undertaking to review school policies and procedures in light of the complaint.

The school will encourage complainants to state what actions they feel might resolve the

problem at any stage.

8. Vexatious Complaints

There may be occasions when a complainant becomes dissatisfied even though all stages of

the procedure have been followed. A vexatious complaint is likely to involve some or all of

the following:

• The complaint arises from a historic and irreversible decision or incident;

• Contact with the school is frequent, lengthy, complicated and stressful for staff;

• The complainant behaves in an aggressive manner to staff when they present their

complaint or is verbally abusive or threatening;

• The complainant changes aspects of the complaint partway through the complaint

process;

• The complainant makes and breaks contact with the school on an ongoing basis; or

• the complainant persistently approaches the school (and in some cases the Local

Authority) through different routes about the same issue in the hope of getting

different responses.

If the situation is challenging but it is possible to proceed, staff should avoid giving unrealistic

expectations on the outcome of the complaint.

In instances where there is a complete breakdown of relations between the complainant and

the school, a decision may be made to restrict contact. Any restrictions imposed should be

appropriate and proportionate. The options that the school is most likely to consider are:

• Requesting contact in a particular form (for example, letters only);

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• Requiring contact to take place with a named member of staff (for example, the

Headteacher);

• Restricting telephone calls to specified days and times;

• Asking the complainant to enter into an agreement about their future contact with

the school; and

• Informing the complainant that if they still do not follow this advice (as stated above)

any further correspondence that does not present significant new matters or new

information will not necessarily be acknowledged but should be kept on file.

• If the complainant tries to reopen an issue that has already been examined through

the complaint’s procedure, the Chair of the Local Governing Body is able to inform

them in writing that the procedure has been exhausted and that the matter is now

closed.

9. Timescales

Complainants must raise the complaint within three months of the incident or, where a series

of associated incidents have occurred, within three months of the last of these incidents. The

school will consider complaints made outside of this time frame if exceptional circumstances

apply.

The school will consider and resolve complaints as quickly and efficiently as possible and set

realistic time limits for each action. However, where investigations are complex, new time

limits can be set as long as the school informs the complainant of the reason for the delay and

give them new deadlines.

10. Complaints Received During School Holidays

Complaints made outside of term time will be considered as received on the first school day

after the holiday period.

11. Stages of the Process

Stage 1 – complaint heard by a staff member

It is in everyone’s interest to resolve complaints at the earliest possible stage. The experience

of the first contact between the complainant and the school can be crucial in determining

whether the complaint will escalate. Staff should be fully aware of the procedures and know

what to do if and when they receive a complaint.

A complainant might feel they would have difficulty discussing a complaint with a particular

member of staff. The school will be flexible and refer the complainant to another member of

staff. If the complaint is about the Headteacher, the complaint should be referred straight to

the Chair of the Local Governing Body.

Where the complaint is about a governor or the Local Governing Body itself, the complainant

may request that the review meeting is held by an independent panel. This is at the discretion

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of the Local Governing Body/United Learning Trust who will notify the Clerk of their decision.

Where an entirely independent panel is required, timescales may be affected while the school

source appropriate individuals for the review.

If a staff member directly involved feels compromised and unable to deal with the matter,

once again, refer to another staff member. This does not have to be a more senior member

of staff; the ability to consider a complaint objectively and impartially is more important.

If a complainant approaches a Governor in the first instance, the complainant should be

referred to an appropriate member of staff. Governors should not act on individual

complaints outside the formal procedure or be involved in the early stages in case they need

to sit on a panel at the later stage.

Verbal or written acknowledgement should be provided to the complainant within five

working days of receiving a complaint. The acknowledgement will give a brief explanation of

the school’s complaints procedure and give a target date for providing a response to the

complainant which should normally be within 15 working days. If the target cannot be met,

a letter should be written within 15 working days explaining the reason for the delay and

providing a revised target date.

If the complainant considers the matter unresolved at stage 1 and wishes to take the matter

to the next stage, the complaint must be made in writing to the Headteacher within 10 days

of receiving the stage 1 outcome from the school. Please see stage 2 (below) and Appendix

A, which provides an overview of the complaints process.

Stage 2 – complaint heard by the Headteacher

If the complainant is dissatisfied with the way in which the complaint has been handled at

stage one they may go to stage two and have the complaint heard by the Headteacher. The

Headteacher will decide who is the most appropriate person to deal with a complaint. This

could be a member of the Senior Leadership Team or a Head of Year/Curriculum

Leader/Middle Leader. The Headteacher should be kept informed of any investigation carried

out and should be involved in the final decision.

The complainant should use Appendix B Complaint Form, providing as much detail as possible.

The Headteacher will acknowledge the complaint within five working days. The

acknowledgement should include a summary of the complaint’s procedure and a target date

of 15 working days for providing a response. If this date cannot be met, the complainant

should be contacted and given a reason for the delay and a revised target date.

The Headteacher will meet with the complainant to discuss their concerns and find solutions.

The complainant may bring a friend, family member or advocate to the meeting and

interpreting services should also be made available where necessary. The Headteacher may

find it useful to have another member of staff present to observe and record the meeting and

promote staff safety. Care should be taken in these circumstances not to create an

intimidating atmosphere for the complainant.

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The Headteacher will make whatever enquiries they consider necessary to ascertain the facts

and the legitimacy of decisions taken. This may include:

• Interviewing staff/students.

• Reviewing minutes of meetings.

• Reviewing school records.

Students should be interviewed in the presence of another member of staff, or in the case of

serious complaints (for example, where the possibility of criminal investigation exists) in the

presence of their parents/carers. Again, care should be taken in these circumstances not to

create an intimidating atmosphere.

It is important that the Headteacher investigates complaints thoroughly and objectively. If

they feel unable to do this, for example, if they have been directly involved in the decision-

making process that led to the complaint, they should delegate responsibility for investigating

the complaint to another member of the management team or the Chair of the Local

Governing Body. It is strongly advised that the Headteacher (or designated person) keep a

record of interviews, telephone conversations and other documentation. If the complaint is

about the Headteacher then the Chair of the Local Governing Body will investigate.

Once all the relevant facts have been established, the Headteacher should provide a written

response to the complainant. This should include a full explanation of decisions taken and

the reasons for them. Where appropriate, it should include details of actions the school will

take to resolve the complaint.

It may be useful at this point to offer the complainant a meeting to discuss the response and

seek reconciliation. The complainant should be provided with details of how to contact the

Local Governing Body if they are not satisfied with the response.

If the complainant considers the matter unresolved at stage 2 and wishes to take the matter

to the next stage, the complaint must be made in writing to the Local Governing Body within

10 days of receiving the stage 2 outcome from the school.

Stage 3 – the Governor’s Complaints Committee

If the Complaints Committee is activated this is the last school-based stage of the process.

The panel will be made up of three people who have not previously been involved with any

aspect of the complaint, two of whom will be governors and one who is independent from

the management and running of the school*.

*It is a requirement of the Education (Independent School Standards) Regulations 2014 that

where there is a panel hearing of a complaint, one panel member is independent of the

management and running of the school. United Learning Trust determine this to mean

external to the individual school and therefore, a Governor from another Local Governing

Body within the Trust may be asked to join a review at stage 3.

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At this stage of the process parents/carers have a statutory right to attend the meeting and

also be accompanied if they wish. At least 7 days’ notice of the panel hearing will be given to

parents/carers.

The meeting will allow for:

• The complainant to explain their complaint and the committee to explain the school’s

response.

• Witnesses to be brought by the complainant and/or the Headteacher.

• The Headteacher and the complainant to ask questions of each other and any

witnesses.

• The committee to ask questions of the complainant, Headteacher and any witnesses.

• The complainant and the Headteacher to summarise their position.

If attendance of students is required at the hearing, parental permission will be sought if they

are under the age of 18. Extra care will be taken to consider the appropriateness of students

at a panel hearing given that senior staff will be present and the vulnerability of children

where it is necessary for them to be present at a complaints hearing.

Having considered all the evidence and questioned all parties the committee can:

• Dismiss the complaint in whole or in part.

• Uphold the complaint in whole or in part.

• Decide on the appropriate action to resolve the complaint.

• Recommend changes or actions to school systems and procedures to make sure that