School Complaints
The responsibility for dealing with school complaints lies with
the Governing Body of each school. All
schools are required, by Section 29 of the 2002 Education Act, to
establish a complaints procedure and to publicise that procedure.
This means that the procedure should be easily accessible at the
school.
Many schools have adopted the Cheshire East Model
Complaints Procedure (PDF, 94KB) which was last revised in
January 2010.
Where complainants are not satisfied with the outcome of
their complaint they can ask that the Local
Authority reviews the process which the school has
undertaken. Any queries relating to school complaints should
be directed to the Governance and Liaison
Service.
Complainants also have the right to appeal to the
Secretary of State if they are not satisfied with
the way the school has dealt with their complaint, once the
school's complaints process has been exhausted. However the
Secretary of State is only able to intervene in particular
circumstances - specifically where there has been a breach of a
statutory duty or where the Governing Body has acted unreasonably
with regard to the exercise of its power. He/she must be
satisfied that a decision is unreasonable in the sense that no
reasonable Governing Body acting with due regard to its statutory
responsibilities would have reached that decision.
In conjunction with the school's own complaints procedure,
complainants have the right to raise concerns with Ofsted, and also with the General Teaching Council where they
relate to the actions of a member of the teaching
staff.
Complaints about Academies
Academies are required to have a published procedure for dealing
with complaints by parents or pupils, which must be made available
on request. This procedure must provide for complaints to be
managed within clear timescales.
Parents that are not satisfied a complaint has been dealt with
appropriately by an Academy should contact the
Education Funding Agency (EFA). The
EFA
will investigate complaints
about:
- undue delay or non-compliance with published complaints
procedures; and
- allegations that the Academy has acted unlawfully or failed to
comply with a contractual duty imposed on it under its Funding
Agreement with the Secretary of State or any other legal
obligation.