Paragraph 7 Manner in which complaints are to be handled

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 3(5)(b) words substituted by Fire and Rescue Services Act 2004 (Consequential Amendments) 2004 art. 70(3)
Sch. para. 4(2)(d) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 6(3)(a)
Sch. para. 4B(6) words substituted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 6(3)(b)
Sch. para. 4C(2)(b) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 6(3)(c)

The manner in which a school handles complaints meets the standard if it has a complaints procedure which—

(a)

is in writing;

(b)

is available on request to parents of pupils and of prospective pupils at the school;

(c)

sets out clear time scales for the management of a complaint;

(d)

allows for a complaint to be made and considered initially on an informal basis;

(e)

where the parents are not satisfied with the response to the complaint made in accordance with paragraph (d), establishes a procedure for the complaint to be made in writing;

(f)

where the parents are not satisfied with the response to the complaint made in accordance with paragraph (e), makes provision for a hearing before a panel appointed by or on behalf of the proprietor and consisting of at least three people who were not directly involved in the matters detailed in the complaint;

(g)

ensures that, where there is a panel hearing of a complaint, one person will be independent of the management and running of the school;

(h)

allows for parents to attend and be accompanied at a panel hearing if they wish;

(i)

provides for the panel to make findings and recommendations and stipulates that the complainant, proprietor and head teacher, and where relevant the person complained about, are given a copy of any findings and recommendations;

(j)

provides for a written record to be kept of all complaints, and of whether they are resolved at the preliminary stage or proceed to a panel hearing;

(k)

provides that correspondence, statements and records relating to individual complaints are to be kept confidential except where the Secretary of State or a body conducting an inspection under section 163 of the 2002 Act requests access to them; and

(l)

where the school provides accommodation, complies with Standard 5 of the National Minimum Standards for Boarding Schools or where applicable Standards 4 and 5 of the National Minimum Standards for Residential Special Schools.