Topic outline
Complaints and safeguarding concerns
The governing Body/ Trustees are responsible for managing complaints in a school, not the local authority, and all schools must have an agreed complaints process available on their website.
Best practice guidance for school complaints procedures 2020 - GOV.UK
However as local authority has responsibility for safeguarding and SEND in all of its schools regardless of the school’s status, there are times when a concern is raised with the local authority and described as being a safeguarding or SEND concern.
Where this is the case, it requires senior officers to liaise with both maintained schools and academies to determine the origin of the concern and its detail.
Such concerns can be shared with the local authority by Ofsted, when they have been directly contacted, through the local authority’s complaints portal, from a Member of Parliament on behalf of a constituent, or a county councillor on behalf of a member of their Ward.
Wherever possible the first response is to direct the complainant to use the school’s complaints’ process.
There are times when the linked School Improvement Manager, the SEN team and the Inclusion Support Service may need to work together to cover all aspects of the concerns that are raised.
Where appropriate the school leader will be contacted to discuss the concern and the identified local authority respondent will prepare a for Ofsted, the DfE or the MP, councillor as appropriate.
All written responses are agreed by the Assistant Director (E&I) and use a formal response template.
If the issues raised have already had the school’s complaints’ process applied to it, the DfE/Secretary of state cannot overrule a governing body decision, but can direct it to review its decision in line with a policy
The local authority and Ofsted can intervene in a school where there are safeguarding concerns or issues in relation to SEND practice.
Referral to the Teacher Regulation Agency (TRA)
Referrals can also be made to the TRA which has a different process and does not involved the local authority. A number of school leaders have been affected by such referrals and guidance about what to expect in this case is outlined here xxxxx.
If you are made aware of any TRA referral that involves any member of your school staff please contact your School Improvement Manager and your HR adviser.
The following table summarises the complaint routes that are frequently used:
Complaints to
Detail and links
First response
Comment
LA or Director of Children’s Services directly
Complaints about a school matter
Refer complainant to school’s/Trust’s complaints’ policy
Update Assistant Director (AD) – update County Education Manager (CEM)
Ofsted
Complaints procedure - Ofsted - GOV.UK
Ofsted should triage the complaint to determine whether it meets a threshold of safeguarding they have – categorise the concern, and share it with the LA, or dismiss. Rarely is the concern dismissed.
- AD shares with relevant CEM
- Depending upon concerns raised the school is contacted
- Response drafted including that complainant MUST use the legal process of following the school/Trust’s complaints’ policy
- The process is protracted; some concerns raised have been 3 months old before reaching the LA
- An HMI regularly wants to discuss the concerns raised with a senior officer, so meetings are arranged
- Ofsted will retain the concern/complaint on a portal to be accessed at the next scheduled inspection and which may inform a line of enquiry.
- The frequency of externally received complaints to Ofsted may trigger an unannounced inspection.
DfE
To be used when a complainant is not happy in the way in which a complaint has been dealt with, a child is not getting an education, or a child has been exposed to harm
Complain about a school to the Department for Education - GOV.UK
Contact Details - Customer Help Portal
DfE will
- write to the LA and share the concern, for it to consider
- write to the school and request that they submit their complaint investigate paperwork and response to the complaint, to the DfE, for checking it compliance and congruence against the policy, and inform the LA
- The website states that any communication with the school should be uploaded to demonstrate that the earlier process has been completed, however it is not necessary to do this in order to proceed
- DfE is largely checking that the school governance is not in breach of its complaints’ policy in respect of the process- rarely questioning the conclusion.
Councillor
Using district councillor contacts
Councillor should direct the complainant to the school’s complaints process; at times schools have objected to how a complainant contacting a councillor has enabled them to by-pass the legal process, and this does not support the school/LA relationship.
If there is a view that the complainant needs help to be able to navigate the complaints process, there are organisations such as Parent Partnership that can assist.
If a councillor complaint is received by the LA, the Director CS or ADE&I may request that the relevant CEM responds.
- Councillors are advised that the local authority cannot disclose personal information about pupils to them, or risk being in breach of safeguarding regulations.
- Councillors need be supported in appreciating that the information reported to them may not be complete, and that there have been occasions when councillors have become personally involved which affects their objectivity.
- If a written response is made by the LA to a councillor, some councillor share the whole response to the complainant.
MP
Using MP contacts
MP should direct the complainant to the school’s complaints process; at times schools have objected to how a complainant contacting an MP has enabled them to by-pass the legal process, and this does not support the school/LA relationship.
If there is a view that the complainant needs help to be able to navigate the complaints process, there are organisations such as Parent Partnership that can assist.
If an MP complaint is received by the LA, the Director CS or AD E&I may request that the relevant CEM responds.
- MPs need to understand that the local authority cannot disclose personal information about pupils to them, or risk being in breach of safeguarding regulations.
- MPs need be supported in appreciating that the information reported to them may not be complete.
- If a written response is made by the LA to an MP, some MPs share the whole response to the complainant.
TRA – Teaching Regulation Agency
Teacher misconduct referral form
Important points for schools to note
- TRA will usually make direct contact with the individual who is the subject of the complaint. They will be asked for their response – there is usually a short deadline for this.
- The headteacher will usually receive a separate letter, asking for a view on the allegation
- The TRA practice of contacting individuals/schools directly is different to Ofsted who contact the LA, who can manage this process with schools – consequently we ask schools to inform their SIM if they are contacted
- Schools should ask HR provider for advice, especially around support for the individual
- Individuals should alert their union immediately and take advice from them
Report Serious Teacher Misconduct:
- Online: Use the GOV.UK service to report serious misconduct.
- Email: Fill in the teacher misconduct referral form and email it to misconduct.teacher@education.gov.uk.
What counts as serious teacher misconduct
Serious misconduct is any behaviour that could result in a teacher not being allowed to teach again. This includes:
- sexual misconduct, including assault, abuse or harassment
- violent behaviour
- serious failure to protect the safety and wellbeing of pupils
- alcohol or drug misuse
- fraud or serious dishonesty
- discrimination or harassment
- promoting extreme political or religious views
You can also report a teacher who has resigned or been dismissed.
- Until anything is resolved/ pursued/ discounted, the member of staff may have their DBS certificate suspended.
