# The Non-Maintained Special Schools (England) Regulations 2015, Paragraph 31: Complaints

Extent: E+W

The proprietor must make arrangements for a complaints procedure which—
(a) is in writing;
(b) is made available to —
(i) registered pupils,
(ii) parents of pupils,
(iii) parents of prospective pupils, and
(iv) members of staff, including supply staff;
(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 a complainant is not satisfied with the response to the complaint made in accordance with sub-paragraph (d), establishes a formal procedure for the complaint to be made in writing;
(f) where a complainant is not satisfied with the response to the complaint made in accordance with sub-paragraph (e), makes provision for a hearing before a person (“the independent person”) appointed by or on behalf of the proprietor who—
(i) has not, at any time, been a governor of the school, or a member of staff, or member of supply staff, at the school,
(ii) is not the parent of a registered pupil, or former registered pupil, at the school, and
(iii) has not been directly involved in any matter detailed in the complaint;
(g) allows for a complainant to attend and be accompanied at such a hearing if they wish;
(h) provides for the independent person to make findings and recommendations and stipulates that a copy of those findings and recommendations is—
(i) provided to the complainant and where relevant, the person complained about, and
(ii) available for inspection on the school premises by the proprietor and the head teacher;
(i) provides for a written record to be kept of all complaints that are made in accordance with sub-paragraph (e) and—
(i) whether they are resolved following a formal procedure, or proceed to a hearing, and
(ii) action taken by the school as a result of those complaints (regardless of whether they are upheld); and
(j) provides that correspondence, statements and records relating to individual complaints are to be kept confidential except where—
(i) the Secretary of State,
(ii) a body conducting an inspection under section 5 of the 2005 Act, or
(iii) a body conducting an inspection under section 87(6) of the Children Act 1989,
requests access to them.

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Source: https://www.legislation.gov.uk/uksi/2015/728/schedule/paragraph/31 (the official version)
Page: https://openlegislation.uk/non-maintained-special-schools-england-regulations-2015/schedule/paragraph-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.