Making a Formal Complaint to your Child's School
Many parents end up seeking legal advice from solicitors because they feel schools do not take their complaints seriously. Common themes for complaints include bullying, teachers’ use of detention, and even concerns that a teacher might be victimising a pupil. This article explains how parents should approach schools to ensure their complaints are taken seriously.
Q: I have complained in person to my daughter’s form tutor about the fact that my daughter is being bullied. Nothing seems to be happening, what can I do about it?
A: If you feel your complaint is not being taken seriously you should use the school’s formal complaints procedure. By law all schools are required to have a published procedure which must be distributed to parents. If you do not have a copy at home, speak to the school secretary and ask for a copy.
Q: Should my formal complaint be in writing?
A: I would advise any parent wishing to make a formal complaint against their child’s school, to make their formal complaint in writing. Having read the school’s official complaints procedure, you will see there is always a named individual to whom the complaint should be addressed. This is usually the head teacher. In some larger schools, a deputy head teacher may be the initial designated formal complaints handler.
Q: What happens if I am not satisfied with the outcome of the first stage of the complaint?
A: Most schools have two or three stages to their complaints procedures. The next stage usually consists of a formal complaint to the chair of the governors. Again, formal complaints must be addressed in writing and should include a copy of any response or initial letters sent to the head teacher or other designated person.
Q: I have a friend who has complained to the governors before, she felt that the governors merely ‘rubber-stamped’ the head teachers decision, is this common?
A: This really depends. Some governors keep a very open mind when dealing with complaints. In other circumstances parents often feel governors just rally around the head teacher. Hopefully governors feel they are able to balance their decision making to take full account of the demands of running a school against the genuine concerns felt by a parent and pupil. Most importantly, governors should be seen to be fair and even-handed in their decision making.
Q: What if I am not happy with the outcome of my complaint to the governors?
A: Refer to the published complaints procedure and then go on to exhaust the next stage of the complaints procedure. This may be an appeal to a panel of governors. The governors appointed to carry out the appeal review at this stage, must not have been involved in the earlier decision. After this, usually the next stage is for parents to write to the local authority. If this fails, then in the final instance, on serious matters parents can complain to the secretary of state of the Department for Education and Skills. If the Secretary of State declines to deal with the matter, if you still have concerns you should speak to a solicitor specialising in education law.
Q: Can I use the Local Government Ombudsman Scheme to complain about a school?
A: The remit of the Local Government Ombudsman Scheme does not cover schools. This statutory procedure can only be used to complain about maladministration caused by a local authority.
For further advice on all aspects of education law, contact solicitor advocate Yvonne Spencer at Fisher Jones Greenwood LLP in Colchester 01206 835242.