Complaints Policy

Complaints Policy Guidance & Procedures for dealing with complaints

Approved by:

Local Governing Committee

Approved on:

26th March 2024

Review date:

July 2025

Originator(s):

DPM/LGC

Version

5

“To listen with the ear of the heart” the opening words of the Rule of St Benedict 1. Preamble St Cuthbert’s Catholic High School (hereafter the school) aims to provide the highest standards and quality of education and pastoral care to its pupils and students. However, if parents/carers or other parties do have a complaint, they can expect it to be treated by the school with care, consideration and in accordance with this Complaints Procedure.

The school makes its Complaints Procedure available to all parents/carers of current pupils/students on the school’s website and will ensure that parents/carers who request it are made aware that this document is published or available, and of the form in which it is published or available.

This complaints procedure is not limited to parents or carers of boys who are registered at the school. Any person, including members of the public, may make a complaint to the school about any provision of facilities or services that we provide. Unless complaints are dealt with under separate statutory procedures (such as appeals relating to exclusions or admissions), we will use this complaints procedure to address and respond to complaints.

2. Background Since 1st September 2003 Governing Bodies of all schools in England have been required, under Section 29 of the Education Act 2002, to have a procedure in place to deal with complaints relating to the school and to any community facilities or services that the school provides. In October 2000 The Human Rights Act came into force, and schools must be mindful of, and give consideration to, Article 6, “The Right to a Fair Trial”. All schools must have a publicised complaints procedure.

This policy reflects the Department for Education (DfE) advice held within the ‘School complaints toolkit 2014’ There are certain complaints which fall outside the remit of the Local Governing Committee’s complaints procedure. They are shown in Section 4 and include: ▪ ▪ ▪ ▪ ▪ ▪ ▪

matters that are the responsibility of the Local Authority conduct of staff at the school content of a statutory statement of Special Educational Needs pupil admissions pupil exclusions the national curriculum and related issues including religious education child protection

The Local Governing Committee will ensure that any third-party providers offering community facilities or services through the school premises, or using school facilities, have their own complaints procedure in place.

3. Purpose of a complaints procedure This procedure aims to reassure parents and others with an interest in the school that: (a) where possible, complaints will be dealt with informally and at the lowest possible level in school in order to reach a resolution promptly (b) any complaint against the school will be dealt with in a fair, open, and responsive way, with the aim of achieving a speedy and satisfactory resolution; and 2|Page

(c) the school recognises that a willingness to listen to questions and criticism and to respond positively, can lead to improvements in school in practices as well as provision.

An effective Complaints Procedure will: encourage resolution of problems by informal means wherever possible be easily accessible and publicised be simple to understand and use be impartial be non-adversarial allow swift handling with established time-limits for action and keeping people informed of the progress ensure a full and fair investigation by an independent person where necessary respect people’s desire for confidentiality wherever possible address all the points at issue and provide an effective response and appropriate redress, where necessary

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4. The Scope of this policy and procedure This procedure covers all complaints about any provision of community facilities or services by the school other than complaints that are dealt with under other statutory procedures, including those listed below.

Exceptions ▪

Admissions to schools

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Statutory assessments of Special Educational Needs

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School re-organisation proposals

Who to contact Concerns about admissions, statutory assessments of Special Educational Needs, or school re-organisation proposals should be raised with Newcastle City Council.

Complaints about child protection matters are handled under our child protection and safeguarding policy and in accordance with relevant statutory guidance.

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Matters likely to require a Child Protection Investigation

If you have serious concerns, you may wish to contact the local authority designated officer (LADO) who has local responsibility for safeguarding or the Multi-Agency Safeguarding Hub (MASH).

LADO – For more information or to make a referral contact: Melanie Scott, 0191 2774636, melanie.scott@newcastle.gov.uk MASH (Children’s Social Care): 0191 2772500 (8.45am to 5.00pm weekdays) 0191 2787878 (Emergency Duty Team)

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Exclusion of children from school*

Further information about raising concerns about exclusion can be found at: www.gov.uk/school-disciplineexclusions/exclusions. *complaints about the application of the behaviour policy can be made through the school’s complaints procedure.

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We have an internal whistleblowing procedure for all our employees, including temporary staff and contractors.

Whistleblowing

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The Secretary of State for Education is the prescribed person for matters relating to education for whistleblowers in education who do not want to raise matters direct with their employer. Referrals can be made at: www.education.gov.uk/contactus.

Volunteer staff who have concerns about our school should complain through the school’s complaints procedure. You may also be able to complain directly to the LA or the Department for Education (see link above), depending on the substance of your complaint.

Staff grievances

▪

Complaints from staff will be dealt with under the school’s internal grievance procedures.

Complaints about staff will be dealt with under the school’s internal disciplinary procedures, if appropriate.

Complainants will not be informed of any disciplinary action taken against a staff member as a result of a complaint.

However, the complainant will be notified that the matter is being addressed.

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Staff conduct

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Complaints about services provided by other providers who Providers should have their own complaints procedure to deal may use the school premises or with complaints about service. Please contact them directly. facilities

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National Curriculum - content

Please contact the Department www.education.gov.uk/contactus

for

Education

at:

If other bodies are investigating aspects of the complaint, for example the police, the local authority (LA) safeguarding teams or tribunals, this may impact on our ability to adhere to the timescales within this procedure or result in the procedure being suspended until those public bodies have completed their investigations.

If a complainant commences legal action against the school or the Bishop Bewick Catholic Education Trust (hereafter the Trust) in relation to their complaint, we will consider whether to suspend the complaints procedure in relation to their complaint until those legal proceedings have concluded.

5. Roles and Responsibilities (a) Complainant The complainant will receive a more effective response to the complaint if they: ▪ ▪ ▪ ▪ ▪ ▪

explain the complaint in full as early as possible co-operate with the school in seeking a solution to the complaint respond promptly to requests for information or meetings or in agreeing the details of the complaint ask for assistance as needed treat all those involved in the complaint with respect refrain from publicising the details of their complaint on social media and respect confidentiality.

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(b) Investigating Officer ▪

providing a comprehensive, open, transparent, and fair consideration of the complaint through: -

▪

sensitive and thorough interviewing of the complainant to establish what has happened and who has been involved - interviewing staff and children/young people and other people relevant to the complaint - consideration of records and other relevant information - analysing information liaising with the complainant and the complaints co-ordinator as appropriate to clarify what the complainant feels would put things right.

The investigator should: ▪ ▪ ▪ ▪ ▪

conduct interviews with an open mind and be prepared to persist in the questioning keep notes of interviews or arrange for an independent note taker to record minutes of the meeting ensure that any papers produced during the investigation are kept securely pending any appeal be mindful of the timescales to respond prepare a comprehensive report for the Headmaster or complaints committee that sets out the facts, identifies solutions and recommends courses of action to resolve problems.

(c) Complaints Co-ordinator The complaints co-ordinator should: ▪ ▪ ▪

▪

ensure that the complainant is fully updated at each stage of the procedure liaise with staff members, the Headmaster, the Chair of Governors, the Clerk and the Trust (if appropriate) to ensure the smooth running of the complaints procedure be aware of issues regarding: - sharing third party information - additional support. This may be needed by complainants when making a complaint including interpretation support or where the complainant is a child or young person keep records.

(d) Clerk to the Local Governing Committee The Clerk is the contact point for the complainant and the committee and should: ▪

▪ ▪ ▪ ▪ ▪

ensure that all people involved in the complaint procedure are aware of their legal rights and duties, including any under legislation relating to school complaints, education law, the Equality Act 2010, the Freedom of Information Act 2000, the Data Protection Act (DPA) 2018 and the General Data Protection Regulations (GDPR) set the date, time, and venue of the meeting, ensuring that the dates are convenient to all parties (if they are invited to attend) and that the venue and proceedings are accessible collate any written material relevant to the complaint (for example; stage 1 paperwork, school and complainant submissions) and send it to the parties in advance of the meeting within an agreed timescale record the proceedings circulate the minutes of the meeting notify all parties of the committee’s decision.

(e) Committee Chair

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The committee’s chair, who is nominated in advance of the complaint meeting, should ensure that: ▪ ▪ ▪ ▪ ▪

both parties are asked (via the Clerk) to provide any additional information relating to the complaint by a specified date in advance of the meeting the meeting is conducted in an informal manner, is not adversarial, and that, if all parties are invited to attend, everyone is treated with respect and courtesy complainants who may not be used to speaking at such a meeting are put at ease. This is particularly important if the complainant is a child/young person the remit of the committee is explained to the complainant written material is seen by everyone in attendance, provided it does not breach confidentiality or any individual’s rights to privacy under the DPA 2018 or GDPR.

If a new issue arises it would be useful to give everyone the opportunity to consider and comment upon it; this may require a short adjournment of the meeting ▪ ▪ ▪ ▪ ▪ ▪ ▪

both the complainant and the school are given the opportunity to make their case and seek clarity, either through written submissions ahead of the meeting or verbally in the meeting itself the issues are addressed key findings of fact are made the committee is open-minded and acts independently no member of the committee has an external interest in the outcome of the proceedings or any involvement in an earlier stage of the procedure the meeting is minuted they liaise with the Clerk (and complaints co-ordinator, where appropriate).

(f) Committee Member Committee members should be aware that: ▪ ▪

▪ ▪ ▪ ▪

the meeting must be independent and impartial and should be seen to be so: no governor may sit on the committee if they have had a prior involvement in the complaint or in the circumstances surrounding it. the aim of the meeting should be to resolve the complaint and achieve reconciliation between the school and the complainant. The Local Governing Committee recognises that the complainant might not be satisfied with the outcome if the meeting does not find in their favour. It may only be possible to establish the facts and make recommendations. many complainants will feel nervous and inhibited in a formal setting parents/carers often feel emotional when discussing an issue that affects their child. extra care needs to be taken when the complainant is a child/young person and present during all or part of the meeting careful consideration of the atmosphere and proceedings should ensure that the child/young person does not feel intimidated.

The committee should respect the views of the child/young person and give them equal consideration to those of adults.

If the child/young person is the complainant, the committee should ask in advance if any support is needed to help them present their complaint. Where the child/young person’s parent is the complainant, the committee should give the parent the opportunity to say which parts of the meeting, if any, the child/young person needs to attend.

However, the parent should be advised that agreement might not always be possible if the parent wishes the child/young person to attend a part of the meeting that the committee considers is not in the child/young person’s best interests.

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the welfare of the child/young person is paramount.

6. What is the difference between a concern and a complaint?

A concern may be defined as ‘an expression of worry or doubt over an issue considered to be important for which reassurances are sought’.

A complaint may be defined as ‘an expression of dissatisfaction however made, about actions taken or a lack of action’.

It is in the interests of all parties that concerns, and complaints are resolved at the earliest possible stage.

Many issues can be resolved informally, without the need to use the formal stages of the complaints procedure. St Cuthbert’s Catholic High School takes concerns seriously and will make every effort to resolve the matter as quickly as possible.

7. What constitutes a complaint?

A complaint is an expression of dissatisfaction with a real or perceived problem. It may be made about the school as a whole, about a specific department or about an individual member of staff, any matter about which a parent/carer is unhappy and seeks action by the school is within the scope of this procedure. A complaint is likely to arise if a parent/carer believes that the school has done something wrong, failed to do something that the parent/carer believes that they should have done, or the parent/carer believes that the school has acted unfairly.

Parents/carers can be assured that all complaints will be treated seriously and confidentially. The school is here for the boys and parents/carers can be assured that their son will not be penalised in any way for a complaint that is raised in good faith.

8. How do I raise a concern or make a complaint?

A concern or complaint can be made in person, in writing (including email) or by telephone. Complaints may also be made by a third party acting on behalf of a complainant if they have appropriate written consent to do so.

If parents/carers have a concern, they should normally contact their son’s Head of Year in the first instance. In many cases complaints/concerns can be addressed by the relevant pastoral or academic leaders and the matter will be resolved straightaway by this means, and to the parent/carer’s satisfaction.

If the Head of Year cannot resolve the matter alone, it may be necessary for him/her to consult the relevant Head of Department or other school leader.

If the Head of Year has been unable to resolve the stated concern and parents/carers wish to make a complaint they should normally contact the appropriate members of the school’s leadership team who will determine the appropriate member of staff to address the concern or complaint in the first instance.

Complaints or concerns should be directed as follows: Area of concern/complaint

Person to whom the concern/complaint should be addressed:

Academic/Curriculum matters:

Deputy Head (Curriculum)

Pastoral matters (inc. behaviour):

Deputy Head (Pastoral)

Co-Curricular matters:

Head of PE, Sport and Co-curricular

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Sixth Form matters:

Head of Sixth Form

Safeguarding/Welfare concerns:

Assistant Head: Safeguarding and Welfare

Complainants should not approach individual governors to raise concerns or complaints. Governors have no power to act on an individual basis and it may also prevent them from considering complaints at Stage 3 of the complaints’ procedure.

Complaints against school staff (except the headmaster) should be made in the first instance, to the Headmaster’s PA via the school office or via email headmaster@scchs.org.uk Please mark them as Private and Confidential.

Complaints that involve or are about the headmaster should be addressed to the Chair of Governors, via the school office or email governors@scchs.org.uk. Please mark them as Private and Confidential.

Complaints about the Chair of Governors, any individual governor or the Local Governing Committee should be addressed to Nick Sanders (Bishop Bewick Catholic Education Trust Head of Governance) via email Gilly.Box@bishopbewickcet.org. Please mark them as Private and Confidential.

For ease of use, a template complaint form is included at the end of this procedure. If you require help in completing the form, please contact the school office. You can also ask third party organisations like the Citizens Advice to help you. In accordance with equality law, we will consider making reasonable adjustments if required, to enable complainants to access and complete this complaints procedure. For instance, providing information in alternative formats, assisting complainants in raising a formal complaint or holding meetings in accessible locations.

If you have difficulty discussing a concern with a particular member of staff, we will respect your views. In these cases, the Headmaster’s PA, will refer you to another staff member. Similarly, if the member of staff directly involved feels unable to deal with a concern, the Headmaster’s PA will refer you to another staff member. The member of staff may be more senior but does not have to be. The ability to consider the concern objectively and impartially is more important. We understand however, that there are occasions when people would like to raise their concerns formally. In this case, the school will attempt to resolve the issue internally, through the stages outlined within this complaints’ procedure.

Where an issue has already been raised with the school, for example through an email exchange or phone call(s) to a Head of Year or Tutor, it is important if the complainant wishes to begin the complaints process that they inform the member of staff that they are now making a formal ‘Stage 1 Complaint’. In doing so, the staff involved, who may from their perspective have felt the issue was resolved, are able to act appropriately.

9. Anonymous Complaints St Cuthbert’s Catholic High School will not normally investigate anonymous complaints. However, the Headmaster or Chair of Governors, if appropriate, will determine whether the complaint warrants an investigation.

10. Timescales Complaints need to be considered, and resolved, as quickly and efficiently as possible. However, where further investigations are necessary, new time limits can be set and the complainant sent details of the new deadline and an explanation for the delay.

The time limits are set using school days excluding weekends, public holidays, and school holidays.

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At each stage it is helpful to clarify exactly who will be involved, what will happen, and how long it will take. There may, on occasion, be the need for some flexibility, for example, the possibility of further meetings between the complainant and the person investigating the complaint.

Any complainant must raise the complaint within three calendar months of the incident or, where a series of associated incidents have occurred, within three calendar months of the last of these incidents. The school will consider complaints made outside of this time frame only if we consider exceptional circumstances apply. It is for the school to determine what constitutes exceptional circumstances.

It is reasonable to expect a complaint to be made as soon as possible after an incident but there may be good reason for a delay for example the complainant gathering information or parties are not aware of the impact of the incident until later. The school will consider if it is reasonable to continue with a complaint after a period of time and in doing so have regard for any exceptional circumstances.

11. Investigating Complaints At each stage, the person investigating the complaint will make sure that they: (a) establish what has happened so far, and who has been involved (b) clarify the nature of the complaint and what remains unresolved (c) meet with the complainant or contact them (if unsure or further information is necessary) (d) clarify what the complainant feels would put things right (e) interview those involved in the matter and/or those complained of, allowing them to be accompanied if they wish (f) conduct the interview with an open mind and be prepared to persist in the questioning (g) keep notes of the interview 12. Resolving Complaints At each stage in the procedure, we will keep in mind ways in which a complaint can be resolved. It might be sufficient to acknowledge that the complaint is valid in whole or in part. In addition, it may be appropriate to offer one or more of the following: (a) an apology (b) an explanation (c) an admission that the situation could have been handled differently or better (d) it would be useful if complainants were encouraged to state what actions/outcome they feel might resolve the problem at any stage (e) an admission that the school could have handled the situation better is not the same as an admission of negligence (f) an assurance that the event complained of will not recur (g) an explanation of the steps that have been taken to ensure that it will not happen again (h) an undertaking to review school policies in light of the complaint An effective procedure will identify areas of agreement between the parties. It is also of equal importance to clarify any misunderstandings that might have occurred as this can create a positive atmosphere in which to discuss any outstanding issues.

13. Recording Complaints The school will record the progress of the complaint and the final outcome. A complaint may be made in person, by telephone, in writing (email). An example of a complaint form can be found in Appendix 1. At the end of a meeting or telephone call, the school will work to ensure that the complainant and the school have the same understanding of what was discussed and agreed. A brief note of meetings and telephone calls can be kept, and a copy of any written response added to the record. St Cuthbert’s Catholic High 9|Page

School processes data in accordance with its Privacy Notice. When dealing with complaints the school may process a range of information which is likely to include: ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪

Date when the issue was raised Name of parent/carer/complainant Name of pupil (where relevant) Description of the issue/concern Records of all investigations (if appropriate) Witness statements (if appropriate) Name and contact details of member(s) of staff handling the issue at each stage Copies of all correspondence on the issue (including emails and records of telephone conversations) Notes or minutes of the hearing The Panel’s written decision

This may include ‘special category personal data’ including some potentially sensitive data such as information relating to physical or mental health, where this is necessary owing to the nature of the complaint. The data will be processed in accordance with the school’s policies.

The school will keep records of formal complaints and Complaints Panel hearings as required by current legislation and regulations. It will also do so in accordance with its own Privacy Notice and in most cases for a period of at least seven years after the pupil leaves the school.

14. Withdrawal of a complaint If a complainant wishes to withdraw their complaint this must be confirmed in writing.

15. Monitoring the Policy The Local Governing Committee will review this Complaints Policy regularly and monitor the number and range of complaints received, how these were dealt with, and any action taken. The monitoring and review of complaints can be a useful tool in evaluating the school’s performance. This review will take place on an annual basis. The responsibility for the monitoring of this policy and any complaints is delegated to the Local Governing Committee.

16. Complaints about the Headmaster Where it is clear that a complaint is against the Headmaster, the matter has to be referred immediately to the Chair of Governors who, acting as Line Manager, will be responsible for dealing with the matter (Section 7).

It is not always clear if the complaint is against the Headmaster, given they are responsible for all operational decisions across the school even if made by other staff. In any event, where a complaint is made against the Headmaster, advice from the Bishop Bewick Catholic Education Trust will be sought.

17. Complaints Policy (The Three Stage Complaints Procedure) (a) Stage One Informal Resolution At this stage of informal resolution, the complainant will be heard by a member of staff as set out in paragraph seven of this policy. As set out in paragraph seven of this policy, a concern or complaint can be made in person, in writing (including email) or by telephone. Complaints should preferably be made on the school’s complaint form.

It is in the best interest of all parties that complaints are resolved at the earliest possible stage and as quickly as possible. The school recognises that the experience of the first contact between the 10 | P a g e

complainant and the school can be crucial in determining whether the complaint will escalate. The school will, therefore, ensure that staff and governors are familiar with this policy, and know what to do should they receive a complaint.

The flow chart below sets out the process for Stage One of this complaints procedure.

Complaint Received: When a complaint is received, the date of receipt will be recorded, and the complaint will be acknowledged in writing (either by letter or email) within three school days. Within this response, the school will seek to clarify the nature of the complaint, ask what remains unresolved and what outcome the complainant is seeking. Where appropriate, the member of staff hearing the complaint will offer a face-to-face meeting.

 Face-to-face meeting: where appropriate a face-to-face meeting will be arranged as reasonably practicable and agreeable to all parties. As set out above, the school will seek to clarify the nature of the complaint, ask what remains unresolved and what outcome the complainant is seeking.

 Investigation: the member of staff hearing the complaint will investigate the complaint and during this investigation will: -

if necessary, interview those involved in the matter and/or those complained about, allowing them to be accompanied if they wish keep a written record of any meetings/interview in relation to their investigation.

 Conclusion of investigation: at the conclusion of their investigation, the member of staff hearing the complaint will provide an oral or written response to the complainant within ten school days of the date of receipt of the complaint.

If the member of staff hearing the complaint is unable to meet this deadline, they will provide the complainant with an update and a revised response date.

 Response to a complaint: The school’s response to any complaint will set out any actions taken to investigate the complaint and provide a full explanation of the decision made and the reason(s) for it.

Where appropriate, it will include details of the actions that the school will take to resolve the complaint. The response will also advise the complainant of how they may escalate their complaint to Stage Two should they be dissatisfied with the outcome of Stage One. The complainant will have ten school days from receipt of the outcome in which to ask for an escalation to Stage Two of this process.

This flow chart is indicative of the process in dealing with complaints at Stage One. In many cases the concerns raised may be addressed in the first face-to-face meeting and the investigation or process concluded at this point. In such cases, complainants will still receive a response to their complaint as set out above.

The Headmaster’s influence may already have shaped the way complaints are handled in the school and resolved the complaint at this stage. If the informal process has been exhausted and no satisfactory solution has been found the complainant has a right to escalate their complaint to Stage Two of the process . (b) Stage Two Formal Resolution At this stage of formal resolution, the complaint will be heard by the Headmaster or a member of the Senior Leadership Team. At this stage, the complainant is invited to put their complaint in writing to 11 | P a g e

the Headmaster (or Chair of Governors if the complaint is against the Headmaster). Complaints should preferably be made on the school’s complaint form.

Where the Headmaster has addressed the complaint at Stage One the matter should progress to the appeal stage (Stage Three). Where another staff member has addressed the complaint at Stage One, the Headmaster will hear this stage (Stage Two).

Complaint Received: When the Headmaster receives a written complaint at Stage Two the date of receipt will be recorded, and the complaint will be acknowledged in writing (either by letter or email) within three school days. The Headmaster will provide a mutually convenient opportunity to meet the complainant to discuss the complaint. At this point the Headmaster may still seek to resolve the complaint informally.

 Face-to-Face Meeting: The Headmaster will seek any necessary clarification of the concerns including interviewing the complainant where this would be helpful. Where the complaint has been escalated from Stage One, the headmaster will seek to clarify the complainant’s concerns around the outcome of the Stage One investigation and response.

 Investigation: where additional investigations are deemed necessary by the Headmaster these will take place. This may include revisiting aspects of any initial investigation. A a written record of any meetings/interview in relation to the investigation will be kept.

 Response to the complaint: The Headmaster will advise the complainant of the outcome of their consideration. Other than in exceptional circumstances the Headmaster will provide a response to the complainant within 15 school days of their written request for his involvement.

If the Headmaster is unable to meet this deadline, he will provide the complainant with an update and a revised response date. The written response will include reasons for the conclusions reached by the Headmaster, what action, if any, the school proposes to take to resolve the matter and advise the complainant of the right to request a meeting with governors if they remain dissatisfied with the outcome.

The complainant will have ten school days from receipt of the outcome in which to ask for an appeal. (c) Stage 3 Panel Hearing If a complaint is dissatisfied with the outcome of Stage 2 and wishes to take the matter further, they may invoke Stage Three. Stage Three of this procedure is a meeting with members of the Local Governing Committee who will constitute a ‘Complaints Committee’.

The Chair of Governors will convene a panel of three governors, one of which shall be independent of the management and running of the school (i.e not a Governor from the school to which the complaint relates.) The other two panel members will be formed from the Local Governing Committee (LGC) of the school. The panel will have had no prior direct involvement in this matter.

The Committee can: ▪ ▪ ▪ ▪

dismiss the complaint in whole or in part; uphold the complaint in whole or in part; decide on the appropriate action to be taken to resolve the complaint; recommend changes to the school’s systems or procedures to ensure that problems of a similar nature do not recur.

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This is the final stage of the complaints procedure within school.

The governors will only hear appeals that have already progressed through Stages One and Two of this procedure.

Request for Panel Hearing Received: Complainants who are dissatisfied with the outcome of Stage Two have the right to request a Panel Hearing. This request must be made within ten days of receiving the outcome of Stage Two. When the Clerk to the Local Governing Committee receives a written request for a Panel Hearing, the date of receipt will be recorded, and the request will be acknowledged in writing (either by letter or email) within three school days. The Clerk will seek to arrange of meeting of the appropriate governors within 20 school days from date of request.

Requests for Panel Hearings should be sent to: governors@scchs.org.uk or Governors Complaint Committee, St Cuthbert’s Catholic High School, Gretna Road, Newcastle upon Tyne NE15 7PX. Please mark as Private and Confidential.

 Panel Hearing: The panel hearing takes place according to the following process.

Introduction: The aim of the meeting is to resolve the complaint and achieve reconciliation between the school and the complainant.

Order of Meeting 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

The Chair welcomes the complainant and asks those present to introduce themselves.

The Chair explains the purpose of the meeting, the procedure, and checks that all written evidence has been made available to all parties.

The complainant explains their complaint, calling witnesses if appropriate.

The Committee and headmaster may ask questions of the complainant and witnesses.

The headmaster is then invited to present a response to the complaint, including action taken to address the complaint at stages 1 and 2 of the procedure, calling witnesses, if appropriate.

The Committee and complainant may ask questions of the headmaster.

The headmaster summarises the school’s position, highlighting evidence, including anything that has emerged in the questioning.

The complainant summarises their case, highlighting evidence, including anything that has emerged in the questioning.

The Chair of the Committee checks that all parties feel that they have had a fair hearing and reminds everyone of the confidentiality of the case.

The Chair of the Committee thanks both parties for attending and gives an indication of when they can expect to hear the outcome. All parties then leave the room together.

The Committee considers the complaint and reaches a unanimous or majority decision.

Where necessary, the Committee decides what action to take to resolve the complaint and, if appropriate, recommends changes to ensure similar complaints are not made in future.

 Notification of the Committee’s Decision: The Chair of the Committee will ensure that the complainant and the Headmaster are notified of the Committee’s decision, in writing.

The Clerk to the Governing Body will notify in writing the outcome of the appeal to the complainant and Headmaster within five school days of the hearing.

The response will detail any action taken to investigate the complaint and provide a full explanation of the decision made and the reason(s) for it. Where appropriate, it will include detail of the actions that 13 | P a g e

St Cuthbert’s Catholic High School will take to resolve the complaint.

The letter to the complainant will include details (see below) of how to contact the Bishop Bewick Catholic Education Trust if they are dissatisfied with the way in which their complaint has been handled by the school.

Appeal to the Bishop Bewick Catholic Education Trust There is no further appeal within school. However, as the school is a member of the Bishop Bewick Catholic Education Trust, the final stage of appeal is to the Trust.

Where a complainant is dissatisfied with the outcome of the Stage Three of this policy, or if a complainant wishes to complain about an issue that the school is unable to investigate, the complainant can contact the Bishop Bewick Catholic Education Trust. Complainants are advised, should they wish to do so, to write to: The Clerk to the Board of Trustees Bishop Bewick Catholic Education Trust Fenham Hall Drive Newcastle upon Tyne NE4 9YH Further information is also available: Telephone: 0191 2747373 Online: www.bbcet.org Email: Gilly.Box@bbcet.og Next Steps Under the statutory instrument of governance complainants are expected to follow and adhere to this complaints procedure. However, this does not negate a complainant statutory right to raise their complaint with other statutory bodies. If the complainant believes that the Trust did not handle their complaint in accordance with the published complaints procedure or they acted unlawfully or unreasonably in the exercise of their duties under education law, then they can contact the Department for Education after they have appealed to the Bishop Bewick Catholic Education Trust.

The Department for Education will not normally reinvestigate the substance of complaints or overturn any decisions made by St Cuthbert’s Catholic High School or the Bishop Bewick Catholic Education Trust. They will consider whether St Cuthbert’s Catholic High School and the Bishop Bewick Catholic Education have adhered to education legislation and any statutory policies connected with the complaint.

The complainant can refer their complaint to the Department for Education at: Department for Education Piccadilly Gate Store Street Manchester M1 2WD. Telephone: 0370 000 2288 Online: www.education.gov.uk/contactus, 18. Vexatious Complaints (including serial and unreasonable complaints) 14 | P a g e

If properly followed, the complaints procedure will limit the number of complaints that become protracted. However, there will be occasions when, despite all stages of the procedures having been followed, the complainant remains dissatisfied. If the complainant tries to reopen the same issue, the Clerk to the Committee hearing the complaint at Stage 3 of the process is able to inform them in writing that the procedure has been exhausted and that the matter is now closed.

The school is committed to dealing with all complaints fairly and impartially, and to providing a highquality service to those who complain. We will not normally limit the contact complainants have with our school. However, we do not expect our staff to tolerate unacceptable behaviour and will take action to protect staff from that behaviour, including that which is abusive, offensive or threatening.

The school defines unreasonable behaviour as that which hinders our consideration of complaints because of the frequency or nature of the complainant’s contact with the school, such as, if the complainant: (a) refuses to articulate their complaint or specify the grounds of a complaint or the outcomes sought by raising the complaint, despite offers of assistance; (b) refuses to co-operate with the complaints investigation process; (c) refuses to accept that certain issues are not within the scope of the complaints procedure; (d) insists on the complaint being dealt with in ways which are incompatible with the complaints procedure or with good practice; (e) introduces trivial or irrelevant information which they expect to be taken into account and commented on; (f) raises large numbers of detailed but unimportant questions, and insists they are fully answered, often immediately and to their own timescales; (g) makes unjustified complaints about staff who are trying to deal with the issues, and seeks to have them replaced; (h) changes the basis of the complaint as the investigation proceeds; (i) repeatedly makes the same complaint (despite previous investigations or responses concluding that the complaint is groundless or has been addressed); (j) refuses to accept the findings of the investigation into that complaint where the school’s complaint procedure has been fully and properly implemented and completed including referral to the Department for Education; (k) seeks an unrealistic outcome; (l) makes excessive demands on school time by frequent, lengthy and complicated contact with staff regarding the complaint in person, in writing, by email and by telephone while the complaint is being dealt with; (m) uses threats to intimidate (n) uses abusive, offensive or discriminatory language or violence (o) knowingly provides falsified information (p) publishes unacceptable information on social media or other public forums.

Complainants should try to limit their communication with the school that relates to their complaint, while the complaint is being progressed. It is not helpful if repeated correspondence is sent (either by letter, phone, email or text), as it could delay the outcome being reached.

Whenever possible, the Headmaster or Chair of Governors will discuss any concerns with the complainant informally before applying an ‘unreasonable’ marking. If the behaviour continues, the Headmaster will write to the complainant explaining that their behaviour is unreasonable and ask them to change it. For complainants who excessively contact St Cuthbert’s Catholic High School causing a significant level of disruption, we may specify methods of communication and limit the number of contacts in a communication plan. This will be reviewed after six months. In response to any serious incident of aggression or violence, we will immediately inform the Police and communicate our actions in writing.

This may include barring an individual from the school site.

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19. Barring from the premises The premises and site of St Cuthbert’s Catholic High School are private property and therefore any individual may be barred from entering the premises.

If an individual’s behaviour is cause for concern, the Headmaster and/or member of the Trust’s executive leadership will ask the individual to leave the premises. The Headmaster/executive leader will notify the parties involved in writing, explaining that their implied licence for access to the premises has been temporarily revoked and why, subject to any representations that the individual may wish to make. The individual involved will be given the opportunity to formally express their views regarding the decision to bar them.

Anyone wishing to make a complaint regarding a barring order can do so in writing, including via email, to the Headmaster or Chair of Governors.

20. Complaints Campaigns Where the school becomes the subject of a complaints campaign from complainants who are not connected with the school, a standard, single response may be published. If the school receives a large number of complaints about the same subject from complainants who are connected to the school, for example parents, then each complainant will receive an individual response.

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COMPLAINT FORM Complainant Details Complainant’s Name Pupil/Student’s Name Parent/Carer

family member

friend

no relation

☐

☐

☐

☐

Your relationship to pupil  Day time

Address Postcode

 Evening Email address Your complaint Please give details of your complaint:

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Action already taken What action, if any, have you already taken to try and resolve your complaint?

Who did you speak to and what was the response?

What actions do you feel might resolve the problem at this stage?

Complaint Declaration Signature: Date: OFFICIAL USE Date Received: Date acknowledged: Acknowledged by: Complaint referred to: Date:

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