Managing Complaints and Grievances Policy

Managing Complaints and Grievances Policy

Managing Complaints and Grievances Policy

Rationale

Good Shepherd Lutheran Primary School endeavours to provide a quality Christian education where the whole person can grow and develop with confidence and dignity. The School strives to provide a safe, respectful and supportive environment for all students, parents and staff

The School welcomes feedback from all members of the school community and takes seriously all complaints or concerns that may be raised. This policy is designed to assist you to understand how to make a complaint.

Scope

This policy applies to all members of the Good Shepherd Lutheran Primary School community.

What is a Complaint?

A complaint is an expression of dissatisfaction made to the School, related to our services or operations, where a response or resolution is explicitly or implicitly expected. A complaint may also be about the complaints handling process itself

Exclusions:

This policy does not cover the following:

Complaints, concerns or issues brought up by a student against another student (please refer to the Behaviour Development Policy and Bullying and Harassment Policy).

Principles

All members of the School community have the right to raise genuine issues of concern. The guiding principles of this document include natural justice, due process and restorative justice.

Good Shepherd Lutheran Primary School seeks to resolve these matters in a professional, respectful and timely manner and with minimal disruption to the core business of the School. The School will endeavour to resolve the complaint as quickly as possible, however, the timeframe for resolution depends on the complexity, nature and scope of the complaint.

In keeping with the ethos of the School, there is a commitment to resolve disputes in the first instance through processes of dialogue and conciliation, at the lowest level possible. Therefore, in the first instance, the aggrieved is strongly encouraged to attempt a resolution of a dispute or complaint informally through dialogue and negotiation with the relevant individual.

Good Shepherd Lutheran Primary School is committed to the sensitive handling of complaints. Whilst confidentiality is important, there may be circumstances in which is it not possible to uphold a person’s right to confidentiality. For example, as a matter of due process and natural justice, the respondent has the right to know the allegation against them and who has made the

allegation. As such, complainants cannot be guaranteed anonymity with respect to their complaint.

Considerations

Victimisation

Good Shepherd Lutheran Primary School recognises that reasonable steps should be taken to ensure that complainants and those involved in the complaint process do not suffer further disadvantage, retaliation or threats. The School will not tolerate victimisation.

An individual is victimised if he/she is threatened with, or subjected to, any form of detriment because of a complaint, or because of participation in the process of resolution.

Vexatious Complaints

Inaccurate, misleading, malicious or false accusations have negative consequences for the person(s) concerned, interpersonal relationships and the morale of the School community. Where it is found that a complaint has been made in bad faith to cause distress to one or more persons, or as a practical joke, disciplinary measures will be taken. Good Shepherd Lutheran Primary School considers such behaviour as an unacceptable abuse of School policy.

Confidentiality

Confidentiality protects everyone and minimises the risk of defamation. Good Shepherd Lutheran Primary School complaint management protocols require confidential management of all complaints. As the School has undertaken to investigate any complaints received, and as investigations may involve witnesses, any complaint will be dealt with confidentially.

Inappropriate breaches of confidentiality may jeopardise an investigation, injure the reputation of the parties involved and negate any defences against defamation.

Raising a Complaint or Grievance with the School

Good Shepherd Lutheran Primary School hopes that any member of the School community with a complaint will provide the School with an opportunity to resolve the matter, at the lowest level, before lodging a complaint with an external agency.

If a Complainant is not satisfied with the handling of the complaint and/or the outcome of the complaint, they may contact the Victorian Registration and Qualifications Authority (VRQA) to lodge a complaint. The VRQA may be contacted as follows:

• Online Complaint Form

• Letter: Manager, Complaints Unit, VRQA, GPO Box 2317, Melbourne VIC 3001

• Phone: 03 9637 2806

If a staff member believes that the process of handling a complaint and/or the outcome of the complaint has been unfair and/or inappropriate, he/she has the right to pursue the Dispute Resolution Procedure identified in Clause 10 of the LutheranEducation(VictorianSchools)Multi EnterpriseAgreement2018 .

Consequences, Outcomes and Remedies

If a complaint is substantiated, then all aspects of the case must be taken into account when making recommendations for appropriate outcomes or remedies, including:

• the severity and frequency of the complaint;

• the weight of evidence;

• the impact on the Complainant;

• the intention of the Respondent;

• prior behaviour of, or documented warnings to, the Respondent(s).

Where it is found that breaches of School policy or the law have occurred, remedies may range from an apology through to disciplinary action, including termination of employment, depending upon the circumstances of the case.

It is important to ensure that members of the School community are able to continue to participate fully in the life of the School, with minimum interruption to the working/learning environment. Mediation may be an outcome of a complaint, regardless of substantiation Outcomes or remedies may also include measures to ensure both the Complainant and the Respondent receive individual and personal counselling to ensure their safety and wellbeing in the School. Counselling for the Complainant and/or Respondent may also be a recommended outcome of complaint, regardless of substantiation.

Records Management

All documentation in relation to complaints, whether dealt with informally or formally, must be taken in a strictly factual and professional manner, kept to a minimum, and stored in accordance with the School’s Records Management Schedule, and the following protocol:

central, secure and confidential file;

accessed, if required, on a strictly ‘needs’ basis (for example, in relation to further complaints or evidence in any subsequent legal proceedings);

destroyed as per the School’s Records Management Schedule

Review

This policy will be reviewed every two years, or as required by legislation.

Appendices

• Appendix 1: Definitions

• Appendix 2: Managing Complaints and Grievances Procedures

Date: 1/04/22

Date for review: 1/04/24

Appendix 1: Definitions

Complainant

Complaint

Due Process

Natural Justice

Respondent

Restorative Justice

Support Person

Person making the complaint.

An expression of dissatisfaction by any person about any act, behaviour, omission, situation, decision or service provided that the Complainant considers unfair or unjust.

The principle where the rights of the individual are acknowledged and a just process of investigation should occur when allegations are made against the person.

The process that involves the avoidance of an initial judgment being made, ensuring that the respondent is given information about the allegation against them and is given the right of response before any penalty is imposed.

Person about whom the complaint is made and who is required to respond to the complaint.

The process that involves some form of restoration being made where it has been established that wrong doing has occurred.

Any person willing to support the interests of the Respondent.

Appendix 2: Managing Complaints and Grievances Procedures

The following are the appropriate procedures for managing all complaints and grievances at Good Shepherd Lutheran Primary School. It reflects the School’s commitment to the positive restoration of relationships and encourages people with a complaint or grievance against another to, in the first instance, discuss with the other person their grievance or concern.

Raising a complaint or grievance at the initial level

Complaints made at the initial level should be resolved by the appropriate School representative as indicated below. Early action at the informal level generally provides the best opportunity for a positive resolution.

The following guidelines relate to the process:

1. Complaints may be raised verbally or via written correspondence, including email. All complaints must be raised in a respectful manner that is open, non-offensive and unbiased.

2. The Complainant will be advised that the Respondent is entitled to receive full details of the complaint, including the name of the Complainant.

3. Every endeavour will be made to handle complaints in a confidential, timely and supportive manner, utilising conflict resolution actions in accordance with the values and ethos of the School.

4. The Complainant and Respondent should attempt to resolve the matter personally through a discussion of open and honest dialogue.

5. A third party may be required to assist with a resolution, such as a relevant coordinator

6. The outcome and remedies should be determined by mutual agreement between both parties.

7. It is expected that most complaints will be resolved at this stage.

Procedure for Parents and Guardians

In the first instance parents or guardians are encouraged to directly raise their concern with the member of staff their complaint is about. This is best achieved through making an appointment to meet with the individual member of staff.

If the complaint or grievance is about an educational, behavioural or school environment matter, the following table offers some guidance:

Teaching and Learning

Concern

Sensitive or Personal

Concern

Instrumental Music

Concern

Sport Concern

Financial Concern

A complaint relating to physical, emotional or sexual abuse

A complaint raised regarding another student

First instance: Class or Subject Teacher

then: Assistant Principal – Learning and Teaching

then: Principal

First instance: Class Teacher

then: Head of Counselling and Wellbeing

then: Principal

First instance: Instrumental Music Tutor

then: Director of Instrumental Music

then: Assistant Principal or Principal

First instance: Sport / Physical Education Coordinator

then: Assistant Principal or Principal

Chief Financial Officer

Child Safe Officer

First instance: Class Teacher

then: Assistant Principal – Operations and Student Management

then: Principal

In all instances, the School’s representative will record the issues and steps which have been taken to resolve the complaint. The School’s representative may choose to meet with student/s, without a parent being present, as part of due process and natural justice.

Procedure for Staff Members

In the first instance, complaints should be resolved between the staff member and the Respondent. Another staff member may be called upon by either party to act as an impartial facilitator. The facilitator should be agreed upon by both parties. If the complaint is not resolved the complaint should be raised with the relevant Department Head, Assistant Principal or Principal

At any stage of the process, the Complainant or Respondent may nominate a support person to attend meetings or interviews.

In all instances, the School’s representative will record the issues and steps which have been taken to resolve the complaint.

Procedure for Students

Students have the right and responsibility to raise issues with staff in an appropriate manner where they feel they have been treated in an unfair manner by a member of staff of the School. It is important that matters are discussed in private and in a way that reflects respect for each person involved in the discussion.

The following guidelines may assist you if you have a concern. For some issues, particularly where a student believes that a teacher has behaved unfairly or if you are worried about talking to a teacher, it may be better to discuss the matter directly with the Principal.

What to do Notes Why?

1. Arrange a meeting to talk to the teacher you are having a problem with

2. If the meeting did not fix your problems, let your parents know and arrange a meeting with the Head of Counselling and Wellbeing, School Pastor or Assistant Principal –Operations and Student Management

3. If the meeting did not fix your problems, let your parents know and arrange a meeting with the Principal

NOTES:

You can ask another adult to be with you for support (teacher or parent/carer)

You can ask another adult to be with you for support (teacher or parent/carer)

• So the teacher can focus on you

• So you can talk about the problem in private

May lead to:

• the situation is monitored;

• further discussions with the people involved;

• outside support for the child or family

When is this usually done?

Within 3 days

You can ask another adult to be with you for support (teacher or parent/carer)

May lead to:

• the situation is monitored;

• further discussions with the people involved;

• outside support for the child or family

Within 3 days

Within 5 days

Each time you arrange a meeting, let the person know what you want to talk with them about.

You need to speak up. If you don’t let the teacher or the School know that you are still unhappy after a meeting they may think everything has been resolved.

It is important that grievances are kept as confidential as possible. Sometimes you might need to talk to a friend or another support person. You need to try not to talk to too many people and also try not to hurt others by sharing too much.

Procedures for General Public

Members of the general public have the right to raise issues with the School in an appropriate manner where they have a concern with the School. It is important that matters are discussed in private and in a way that reflects respect for each person involved in the discussion.

Please call the School Administration Centre on 03 9726 2900 to report your concern, giving as much detail as possible. These grievances will be investigated by the Principal or Principal’s delegate

Anonymous complaints are taken seriously, recorded and considered as far as practically possible as they can at times lead to a productive outcome. As there are limitations on investigation and resolution of anonymous complaints, Complainants are encouraged to identify themselves.

If you have a grievance with the Principal and do not feel that you are able to approach him/her directly, please raise your concern with the School Board Chair. The School Board Chair is able to be contacted on SchoolBoardChair@gslps.vic.edu.au.

Unresolved Complaints or Complaints of a Serious Nature

If a matter remains unresolved, or a complaint is of a serious nature, the Complainant may make an appointment to meet with the Principal. If the complaint is against the Principal, the matter should be referred directly in writing to the Chair of the School Board

When such complaints are raised with the Principal or School Board Chair the following guidelines are to be followed:

1. Complaints are to be made in writing. It must contain sufficient detail for it to be addressed and recorded, including:

• the full names of both the Complainant and Respondent;

• the Complainant’s contact details;

• the nature and details of the complaint, including dates, times and any witnesses;

• any previous attempts to resolve the matter; and

• the Complainant’s desired outcome or suggestions for resolution.

2. Upon receipt, the relevant member of staff may contact the Complainant to arrange a meeting to accompany the written complaint.

3. The relevant member of staff will determine how best to investigate and manage the complaint. This may include handling the complaint under a specific School policy; investigating the complaint internally or through an external provider; or mediation.

4. The relevant member of staff will meet with the Respondent to notify them of the complaint and supply a copy of the written complaint.

5. During the investigation, the relevant member of staff may meet with the Complainant for further discussions.

6. All parties are invited to have support persons at any stage of the process.

7. The relevant member of staff (or nominated external provider) will assess the evidence to establish whether the complaint is substantiated or not.

8. The relevant member of staff will inform the Complainant and Respondent in writing of the consequences, outcomes and remedies of the investigation.

If a Complainant is not satisfied with the handling of the complaint and/or the outcome of the complaint, they may contact the Victorian Registration and Qualifications Authority (VRQA) to lodge a complaint. The VRQA may be contacted as follows:

• Online Complaint Form

• Letter: Manager, Complaints Unit, VRQA, GPO Box 2317, Melbourne VIC 3001

• Phone: 03 9637 2806