Learning Opportunities Centre

LEARNING OPPORTUNITIES

COMPLAINTS POLICY

Contents

Page Number

2. Introduction Concerns / Complaints – definition General Principles Regarding any Complaint

3. Confidentiality Recording Complaints Timescales Complaints Procedure

5. Resolving Complaints

6. What is not covered by the Complaints Policy Staff Induction & Training Monitoring & Review Publishing the Complaints Policy

7. Appendix A Letter to parents / carers informing of LOC Complaints Procedure

8. Appendix B Complaints Forms

12. Appendix C Investigation Procedure

14. Appendix D Roles & Responsibilities

15. Appendix E Policy for Unreasonable Complainants

17. Appendix F Complaints Flowchart

The Complaints Policy has been written and approved by a team with a range of experience, and will be reviewed regularly.

Date Created: September 1995

Previous Review Date: September 2016

Next Review Date: September 2019 INTRODUCTION

Learning Opportunities is committed to establishing a clear, simple and accessible complaints procedure, which aims to resolve issues as quickly as possible. The procedure is not intended to replace the normal discussions, which take place on a day-to-day basis regarding problems and concerns as they arise. It is only where the complainant remains dissatisfied with the outcome of such discussions that further steps may need to be taken.

We value good relationships between students / parents / carers, external agencies and the community. These relations are based on mutual respect and a willingness to listen to other points of view. The purpose of our complaints procedure is to provide a structured framework for all concerned to express and resolve concerns, thus providing an opportunity to inform, review and help improve school procedures.

Any concern or complaint will be given careful consideration and will be dealt with fairly and honestly. We will provide sufficient opportunity for any complaint to be fully discussed, and aim to resolve it through open dialogue and mutual understanding. In all cases we put the interests of the student above all else.

CONCERNS AND COMPLAINTS – Definition

A ‘concern’ may be defined as ‘an expression of worry or doubt over an issue considered to be important for which reassurances are sought’.

A complaint may be generally defined as ‘an expression of dissatisfaction however made, about actions taken or a lack of action’.

(Best Practice Advice for School Complaints Procedures 2016 – DFE)

GENERAL PRINCIPLES REGARDING ANY COMPLAINT

Learning Opportunities will ensure that the following principles will apply to any complaint:

. The complaint will be handled with care and sensitivity. . All stages of the complaints procedure will be investigatory rather than adversarial . Confidentiality will be respected at all times . Responses to any complaint will be prompt and within agreed timescales . The Complainant will be given adequate feedback and kept fully informed . The Complainant will be kept informed of the options to appeal during the process . Any investigation will be thorough and fair . Any investigation will address all the points at issue . Written records will be kept of all complaints

If an anonymous complaint is received, or the complainant requests anonymity, then the complainant will be urged to identify themselves in the interests of fairness and of dealing effectively with the complaint. However if the anonymous complaint is of a sufficiently serious nature then the Headteacher will decide whether action is appropriate.

2 If an anonymous complaint raises child protection issues then the complaint will be referred immediately to the Local Authority.

CONFIDENTIALITY

Complaints will be treated in accordance with the Data Protection regulations and Learning Opportunities Confidentiality Policy. All correspondence, statements and records relating to complaints will be securely stored in locked filing cabinets at the registered office. These will be kept confidential except where the Secretary of State or body conducting an Inspection under Section 163 of the 2002 Act requests access to them.

RECORDING COMPLAINTS

Learning Opportunities acknowledge that any person may make a complaint about the provision, facilities or service provided by the school. In attempting to resolve concerns / complaints staff will take account of the complainants preferred method of communication and in doing so will accept complaints in person, by telephone, or in writing.

Notes of meetings and telephone calls will be kept and a copy of any written response added to the record. Where appropriate Learning Opportunities may use recording devices to ensure the complainant is able to access and review the discussions at a later point. We will record the progress of the complaint and the final outcome. The School Development Manager will be responsible for these records and will hold them centrally.

TIMECALES

Learning Opportunities are committed to ensuring all complaints are considered and resolved as quickly and efficiently as possible. Details of the time limits are included within each stage of the process. Where further investigations are necessary the complainant will be advised of the revised deadline and provided with an explanation for the delay.

COMPLAINTS PROCEDURE

The following are the key stages of our complaints procedure

Stage 1 – an informal discussion Stage 2 – referral to the Headteacher Stage 3 – independent review Stage 4 – referral to the Secretary of State for Education

If the complaint is one that may result in disciplinary or legal action against the Headteacher, or the complaint is regarding the Headteacher, then the complaint should immediately be escalated to Stage 3. If the complaint is against the School Development Manager this will be investigated by the Headteacher. If not resolved at this stage it will be escalated to the independent review.

Stage 1 (informal)

3 Learning Opportunities take all informal concerns seriously and endeavour to resolve these at the earliest stage. The experience of the first contact between the complainant and the school can be crucial in determining whether the concern / complaint will escalate. Initial concerns

. All staff will make every effort to resolve problems informally. They will make sure that they understand what the complainant feels went wrong, and they will explain their own actions.

. Learning Opportunities will respect the views of the complainant who indicates that he/she would have difficulty discussing a concern / complaint with a particular member of staff, and alternative arrangements will be made.

Similarly, if the member of staff directly involved feels too compromised to deal with a concern / complaint, consideration will be given to referring the complainant to another staff member. The member of staff may be more senior. It is acknowledged that the ability to consider the concern / complaint objectively and impartially is crucial.

Stage 2 – Head Teacher (Informal)

If a complainant feels that a concern has not been solved through discussion with the class teacher, or that it is of a sufficiently serious nature, then an appointment to discuss it with the Headteacher should be made, indicating that the appointment is regarding a complaint.

If the Headteacher cannot resolve the complaint at the initial meeting then the school may carry out an investigation of the complaint. It will be the Headteacher's responsibility to decide who should conduct the investigation. This may be the Headteacher or the School Development Manager, especially if there is the likelihood of a personnel issue emerging from the investigation.

The investigation will be completed within 10 school days and a follow on meeting held with the complainant to discuss the results of the investigation. Further meetings may be held as required if both parties agree that the complaint may be resolved by subsequent meetings, whilst still at the informal level.

Most complaints can be resolved at this stage.

The Headteacher will make written notes of any informal complaint. The notes will include details of the complaint, how it was dealt with, by whom and the outcome. In the event of the complaint proceeding to the formal stage, these notes will be made available to the Director.

If discussions between the Headteacher and the Complainant cannot resolve the issue to the Complainant's satisfaction, then the Headteacher will advise the Complainant that they may make a formal complaint to the Director within 20 school days.

Stage 3 – The Director (Formal)

If the matter cannot be resolved, or where the complaint is about the Head Teacher then the complainant should write to the Director to make a formal complaint.

This stage of the process will be undertaken by the Director and an Independent Representative who is independent of the running and management of the school.

4 The primary function of this stage is to decide on the merits or otherwise of the complaint. However, the Director and Independent Representative will also play an important role in attempting to resolve the complaint, and in reaching a decision on whether the complaint is upheld or rejected. This may include calling for certain action to be taken by the school or the complainant.

When a formal complaint is received by the Director a letter of acknowledgement and a request for written evidence (verbal if necessary) will be sent to the Complainant within 10 school days. All other parties to the complaint will receive a letter outlining the complaint and requesting written evidence. The Director will convene the complaints meetings as soon as is practically possible after the receipt of all written evidence, at mutually acceptable times. Any written evidence will be circulated to all parties prior to any meetings. The Director and Independent Representative will then meet with all parties, formally and separately. Each party may be accompanied by a friend or colleague who can speak on their behalf if necessary. All parties will be given a fair opportunity to express their point.

The meetings will be minuted.

The decision reached will be notified by the Director in writing to the complainant within 10 school days.

Written replies to Complainants will aim to answer all the points of concern, be factually correct, avoid jargon, and tell the Complainant what to do next if they are still not satisfied. Where appropriate the Director may telephone the Complainant regarding the outcome, however this will always be followed up with a letter to make sure there is no misunderstanding.

Stage 4 – Referral to the Secretary of State for Education

Complaints about Learning Opportunities are almost always settled within the school, but in exceptional cases it may be possible to refer the problem to an outside body independent of the school.

If the complainant remains dissatisfied with the response by the Director they have the right to refer the matter to the Secretary of State for Education and Skills. Details as follows:

Secretary of State for Education Department for Education Sanctuary Buildings Great Smith Street London SW1P 3BT

RESOLVING COMPLAINTS

At each stage in the procedure Learning Opportunities remain mindful of ways in which a complaint can be resolved. It might be sufficient to acknowledge that the complaint is valid in whole or in part. In addition, it may be appropriate to offer one or more of the following:

. an apology; . an explanation; . an admission that the situation could have been handled differently or better; . an assurance that the event complained of will not recur; . an explanation of the steps that have been taken to ensure that it will not happen again; . an undertaking to review school policies in light of the complaint.

5 WHAT IS NOT COVERED BY THIS COMPLAINTS POLICY

. Complaints about the national curriculum entitlement and collective worship . Student admissions . Exclusions . Issues relating to child protection . Employee grievances/disciplinary/dismissal . Criminal investigations . Grievance procedure . Complaints of financial improprieties or other criminal activities will be dealt with through our Whistleblowing Policy, if raised by staff

STAFF INDUCTION & TRAINING

Staff training in complaints procedures will cover the following areas;

. What constitutes a concern / complaint . When to raise a concern or formal complaint. . What the procedure is for dealing with complaints in the school and how this is recorded . The procedure to be followed should a complaint not be resolved . How students can be assisted in making a complaint.

MONITORING & REVIEW

The Director will review this policy on a regular basis and alongside the Headteacher will monitor the level and nature of complaints and review the outcomes to ensure the effectiveness of the procedures. Learning Opportunities recognise that the monitoring and review of complaints by the school can be a useful tool in evaluating whole school performance.

PUBLISHING THE COMPLAINTS POLICY

Learning Opportunities acknowledge the legal requirement for the Complaints Procedures to be publicised. In fulfilling this requirement this policy will be included in:

. the school prospectus; . on the school website www.learningopps.org . the information given to new parents / carers when their children join the school; . the information given to the students themselves; . the home-school agreement; . posters displayed in areas of the school

6 Appendix A Model letter to parents / carers informing them of Learning Opportunities complaints procedure

Compliments and complaints

We strive to be a school where you are more than satisfied with what we do to support your child, especially in difficult situations. When you think we do this particularly well, please let us know. Staff work hard for the students and we all want to recognise that.

Sometimes however you may have a concern. We hope that good communication would solve such a problem. Our aim is that by careful listening, constructive discussion and sensible actions we can work together to solve problems, and so improve our school systems further, but if the problem persists you may wish to make a complaint.

When should I complain?

If you believe that something is seriously wrong then make a complaint. We will investigate it and base what we do on the agreed policy.

Whom do I contact?

That depends on the particular situation. Often your child's class teacher or form tutor will be able to deal with the matter. More serious problems might require the intervention of a senior member of staff or the head teacher. Most problems can be solved in this way. A complaint about the conduct of the head teacher should go to the Director at the school address.

Certain specific complaints (e.g. about school admissions) are dealt with separately. Staff at the school or the local authority can advise you about where to direct your complaint.

What if the matter is still unresolved?

You should write to the head teacher, in the first instance, if you are dissatisfied with the handling of a complaint. The Head teacher will investigate the matter and may invite you and a friend if you wish to a meeting to talk about it.

After trying all other avenues, you may decide to make a formal complaint to the Director by sending a letter to the school address. The Director will investigate and may invite you to meet them to discuss your concerns.

In cases where you believe that the school has acted unlawfully or unreasonably, or failed to fulfil a statutory duty, you can take your complaint to the Secretary of State for Education and Skills.

All this looks very formal, but very few problems have to go through such steps because we work hard to understand and resolve problems as quickly as possible. In this way students of the school get the best possible chance to succeed in their learning.

Yours sincerely,

7 School Development Manager Appendix B LEARNING OPPORTUNITTIES COMPLAINT FORM

Please complete this form and return to the Head Teacher who will acknowledge its receipt and inform you of the next stage of the procedure

Your Name:

Relationship with the school (e.g. parent / carer of a student on roll at the school):

Student’s name if relevant to the complaint:

Your Address:

Post Code:

Tel Number:

Please give concise details of your complaint to allow the matter to be fully investigated, including dates, names of witnesses etc.

You may continue on separate paper or attach additional documents.

8 Number of additional pages attached.

What action, if any, have you already taken to try and resolve your complaint? (e.g. who have you spoken or written to and what was the outcome?)

What actions do you feel might resolve the problem at this stage?

Signature:

School Use:

Date form received:

Received by:

Date acknowledgement sent:

Acknowledgement sent by:

9 Complaint referred to: Date: LEARNING OPPORTUNITTIES COMPLAINT FORM

To be completed by a school professional during each stage.

Complainant Name:

Address:

Post Code:

Tel Number:

Name of student if relevant to the complaint:

Complaint / concern received by (please print name):

What was the nature of the complaint?

Stage 1 – Informal discussion Name of person receiving the initial concern / complaint. Actions taken, if any – who did they speak to and what was the response.

10 Resolved at preliminary stage YES / NO (If no refer to Stage 2/3)

Stage 2 – Referral to Head Teacher - Comments or action taken by the Head Teacher (what actions were felt might resolve the situation at this stage).

Name: Signature: Date:

Resolved YES / NO (If no refer to Stage 3) Stage 3 – Independent review Summary of findings / recommendations of the investigation (please detail additional documents attached)

Date formal request received:

Date all relevant parties provided with copy of findings / recommendations:

Name: Signature: Date: 11 Resolved YES / NO

Appendix C Investigation Procedure

The investigation of an allegation or a complaint should always be carried out thoroughly and responsibly, irrespective of whether the complaint appears to be trivial or serious. The outcome of such an investigation will have significance not only for the complainant but also for the school and any member of staff against whom a complaint has been made.

Preparing for an Investigation

Where the school receives a formal complaint, it will be acknowledged and a commitment made that the complaint will be investigated and the outcome of the investigation notified to the complainant in due course.

It is essential that there is a clear understanding of the complaint. The nature of the complaint will be confirmed with the complainant. e.g. through an initial meeting.

Any member of staff against whom a complaint has been made will be notified that a complaint has been received and that the appropriate school procedure will be followed. It is usually not appropriate to provide the member of staff with details of the evidence on which the complaint is based until any investigation has been completed. However the member of staff will be provided with sufficient information to be able to understand the nature of any allegations against them.

Conducting the investigation

The investigation will be carried out in accordance with the provisions of the relevant procedure.

Arrangements will be agreed so that accurate notes can be taken of all interviews and the outcome of the investigation be accurately recorded.

The complainant will be given the opportunity to offer documentation and to identify potential witnesses or sources of evidence.

Where a member of staff is subject to the complaint they will be advised that they may be accompanied by a friend or trade union representative when invited to be interviewed.

Where students are potential witnesses, discretion will be exercised over their involvement. Students will only be interviewed when the nature of the complaint is sufficiently serious to warrant it and adult witnesses are not available.

Any interviews will be conducted as soon as possible to ensure that recollections are as fresh as possible and to minimise the possibility that evidence will become tainted through witnesses discussing alleged incidents with other persons.

In conducting interviews, the investigator will prepare the questions to be asked prior to the interview. These may be supplemented during the interview. The investigator will allow the interviewee to answer in their own way. Their responses will be listened to attentively. Any temptation to cut an interviewee short or to seek to "lead" them will be resisted. The interviewee will be given the opportunity of providing other relevant information at the end of the interview.

12 Interviewees will be advised that their responses must be confined to the substance of the complaint. Any attempt by the interviewee to introduce information relating to other members of staff or to issues unrelated to the complaint will be resisted. The investigator will avoid reaching conclusions or passing judgement until the investigation has been completed and their report is being written.

Concluding the investigation

The report will contain:

. a brief outline of the process that has been followed . a statement of the complaint/concern . a summary of the findings, linked to the relevant evidence . any recommendations for future action . annexes containing copies of witness statements and other evidence collected during the investigation

The report of the investigation will usually be confidential to the school, as it is likely to contain sensitive personal information. If a request is received to release the report, under either the Data Protection Act or Freedom of Information, the school will seek legal advice.

A summary of the process undertaken and the outcome of the investigation will be provided to the complainant. Caution will be exercised in reporting back to the complainant as revealing certain details may prejudice the ability of an employee to continue in post.

Following consideration of the report by the relevant body, any final recommendations will be shared with the parties, unless there is good reason not so to do. Wherever possible, recommendations will be constructive and not punitive.

The complainant will be advised that they may, if they are not satisfied that the appropriate procedure has been followed, request a review of that process through an independent review.

13 Appendix D Roles and Responsibilities

The Complainant

The complainant or person who makes the complaint will receive a more effective response to the complaint if he/she:

. co-operates with the school in seeking a solution to the complaint; . expresses the complaint in full as early as possible; . responds promptly to requests for information or meetings or in agreeing the details of the complaint; . asks for assistance as needed; . treats all those involved in the complaint with respect.

The Head Teacher

The Head Teacher will:

. ensure that the complainant is fully updated at each stage of the procedure; . ensure that all people involved in the complaint procedure are aware of the legislation around complaints including the Equality Act 2010, Data Protection Act 1998 and Freedom of Information Act 2000; . liaise with staff members, School Development Manager / Director to ensure the smooth running of the complaints procedure; . keep records; . be aware of issues regarding sharing third party information . secure any additional support that may be required for the complainant.

The Investigator

The Investigator is the person involved in Stages 2 and 3 of the procedure. The Investigator’s role includes providing a comprehensive, open, transparent and fair consideration of the complaint through:

. sensitive and thorough interviewing of the complainant to establish what has happened and who has been involved; . consideration of records and other relevant information; . interviewing staff and other people relevant to the complaint; . analysing information; . effectively liaising with the complainant as appropriate to clarify what the complainant feels would put things right; . identifying solutions and recommending courses of action to resolve problems; . being mindful of the timescales to respond; and . responding to the complainant in plain and clear language.

The person investigating the complaint should make sure that they:

14 . conduct interviews with an open mind and be prepared to persist in the questioning; . keep notes of interviews or arrange for an independent note taker to record minutes of the meeting if appropriate. Appendix E Policy for Unreasonable Complainants

Learning Opportunities is committed to dealing with all complaints fairly and impartially, and to providing a high quality service to those who complain. We will not normally limit the contact complainants have with the school. However, we do not expect our staff to tolerate unacceptable behaviour and will take action to protect staff from that behaviour, including that which is abusive, offensive or threatening.

Learning Opportunities defines unreasonable complainants as ‘those who, because of the frequency or nature of their contacts with the school, hinder our consideration of their or other people’s complaints’.

A complaint may be regarded as unreasonable when the person making the complaint:

. refuses to articulate their complaint or specify the grounds of a complaint or the outcomes sought by raising the complaint, despite offers of assistance; . refuses to co-operate with the complaints investigation process while still wishing their complaint to be resolved; . refuses to accept that certain issues are not within the scope of a complaints procedure; . insists on the complaint being dealt with in ways which are incompatible with the adopted complaints procedure or with good practice; . introduces trivial or irrelevant information which the complainant expects to be taken into account and commented on, or raises large numbers of detailed but unimportant questions, and insists they are fully answered, often immediately and to their own timescales; . makes unjustified complaints about staff who are trying to deal with the issues, and seeks to have them replaced; . changes the basis of the complaint as the investigation proceeds; . repeatedly makes the same complaint (despite previous investigations or responses concluding that the complaint is groundless or has been addressed); . refuses to accept the findings of the investigation into that complaint where the school’s complaint procedure has been fully and properly implemented and completed including referral to the Department for Education; . seeks an unrealistic outcome; . makes excessive demands on school time by frequent, lengthy, complicated and stressful contact with staff regarding the complaint in person, in writing, by email and by telephone while the complaint is being dealt with.

A complaint may also be considered unreasonable if the person making the complaint does so either face- to-face, by telephone or in writing or electronically:

. maliciously; . aggressively; . using threats, intimidation or violence; . using abusive, offensive or discriminatory language; . knowing it to be false; . using falsified information; 15 . publishing unacceptable information in a variety of media such as in social media websites and newspapers.

Complainants should limit the numbers of communications with a school while a complaint is being progressed. It is not helpful if repeated correspondence is sent (either by letter, phone, email or text) as it could delay the outcome being reached.

Whenever possible, the headteacher will discuss any concerns with the complainant informally before applying an ‘unreasonable’ marking.

If the behaviour continues the headteacher will write to the complainant explaining that their behaviour is unreasonable and asking them to change it. For complainants who excessively contact Learning Opportunities causing a significant level of disruption, we may specify methods of communication and limit the number of contacts in a communication plan. This will usually be reviewed after 6 months.

In response to any serious incident of aggression or violence, the concerns and actions taken will be put in writing immediately and the police informed. This may include banning an individual from Learning Opportunities.

16 Appendix F Flowchart of procedure for handling concerns and complaints:

Stage 1 Resolved

Informal Discussion Unresolved Resolved Staff Stage 2

All staff will Referral to make every Unresolved Stage 3 Resolved effort to Head Teacher resolve problems The Headteacher Independent Review informally. will conduct a full They will make investigation. The Director / complainant will sure they Independent Unresolved Stage 4 understand receive a written response normally Representative what the Possible complainant within 10 school feels went days. The Director / Independent referral to the wrong, and Representative will review Secretary of they will the way in which the complaint has been handled State for explain their Education own actions. and ensure that issues have been dealt with properly and fairly. The complainant will receive a written response normally within 10 school days.