Paragraph 7 The 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) 2005 art. 78(3)
Sch. para. 3(6) word inserted by Independent Schools 2007 reg. 3(3)
Sch. para. 4(a)-(bb) substituted for Sch. para. 4(a)(b) by Independent Schools 2007 reg. 3(4)
Sch. para. 4(f) inserted by Independent Schools 2007 reg. 3(5)
Sch. para. 6(3)(a) words inserted by Independent Schools 2007 reg. 3(6)(i)
Sch. para. 6(5) words inserted by Independent Schools 2007 reg. 3(6)(ii)
Sch. para. 4(e) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 4(3)

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

(a)

is in writing;

(b)

is available on request in appropriate format to pupils, to the parents of pupils and of prospective pupils at the school;

(c)

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

(d)

provides an opportunity for a complaint to be made and considered on an informal basis;

(e)

where the parents are not satisfied with the response made in accordance with paragraph (d) or wish to pursue a formal complaint 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)

stipulates 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 the parents to attend and to 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 each given a copy of any findings and recommendations;

(j)

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

(k)

provides that, subject to paragraph 6(2)(j) of this Schedule, correspondence, statements and records of complaints are to be kept confidential except where the National Assembly or a body conducting an inspection under section 163 of the 2002 Act requests access to any documents relating to the complaint; and

(l)

where the school provides boarding accommodation, complies with Standard 5 of the National Minimum Standards for Boarding Schools 2003 or, where applicable, Standard 4 of the National Minimum Standards for Residential Special Schools 2003.