Ofsted has successfully appealed a ruling that its complaints procedure was unfair for some schools. An Ofsted spokeswoman said: "While Ofsted does not comment on individual complaints, we do take complaints very seriously, investigating each one rigorously and dealing with issues as … Different procedures apply to freedom of information (FOI) and data protection (DP) correspondence. Ofsted will consider complaints from parents that relate to the school as a whole. Feedback from the team who conducted the initial inspection. Parents can ask to speak to inspectors during the inspection. Any donation you make is hugely appreciated, and helps to keep our vital advice and support services running. When completing the record you should bear in mind it must be shared with any parent who asks to see it as well as with Ofsted. Complain to Ofsted. A complaints co-ordinator can provide administrative support in place of a clerk to the governing body, if that is more suitable to the school’s needs. The exception to this is when a complaint is made against the whole governing body and they need to be aware of the allegations made against them, to respond to any independent investigation. We require complainants to submit evidence of bias if they escalate their complaint to DfE. Schools are data controllers in their own right and you have the discretion via your policies to decide for yourselves whether to allow complainants to record meetings, if it’s not required for the purposes of a reasonable adjustment. You should talk to your FOI and DP advisor about those or approach the Information Commissioner’s Office for further advice. The public has no automatic right of entry. Parents have turned the tables on Gavin Williamson by contacting Ofsted to praise schools and complain about his performance – with the inspectorate being deluged with 5,000 emails since Wednesday. 3) In order to consider your complaint, Ofsted … Complaints about the delivery of the curriculum are for schools to resolve through their complaints procedure. The definition of a ‘qualifying complaint’ is set out in regulations [2] , and includes complaints about the quality of education provided by a school and how far a school meets the needs of the range of pupils at that school. I asked to have the report suspended until the investigation was completed, as I felt the emotive words would upset many of our excellent existing staff and governors. Records You will need to ensure these are investigated and dealt with to the full extent of the complaints procedure. Occasionally, complainants contact DfE because they do not believe the school’s headteacher or governors will consider their complaint impartially. If a complainant commences legal action against the school in relation to their complaint, you should consider whether to suspend the complaints procedure, until those legal proceedings have concluded. Your complaints procedure must not state that a complaint can only be escalated to the next stage if the school permits it. For school admissions, it will depend on who the admission authority is (either the school or the local authority). However, as the duty to establish procedures for dealing with complaints lies with governing bodies, you must tailor the policy to your individual school. However, it can: Generally Ofsted will need to give a parent’s name to the school or early years setting to investigate properly, which may affect their relationship with the school. This includes: The duty on local authorities to consider complaints of this nature was removed under section 45 of the Education Act 2011. contact the Independent Complaints Adjudicator for Ofsted for an independent review. The notification means that the provider met their legal responsibility as set out in the early years foundations stage welfare requirements to notify Ofsted … 0 Like this post Log in Add an account (Advertising) And38kvc. The Secretary of State for Education is the prescribed person for matters relating to education for whistleblowers who do not want to raise matters direct with their employer. Complainants should be given the opportunity to complete the complaints procedure in full, unless you possess clear evidence that the complaint meets your published serial complaint criteria. DfE’s contact form clearly explains this and advises complainants to complete local procedures before submitting their complaint. Although fulfilling a public function, schools are private places. Q&A:OFSTED COMPLAINTS. There may be occasions where complaints are made or continue to be escalated after a child has left the school. The complaint process is Ofsted investigating Ofsted or its contractors, and so providers need to be realistic as to the remote prospects of a successful outcome – a fact the recently disclosed data from Ofsted bears out. You should always give the individual the opportunity to formally express their views on a decision to bar. We receive complaints from Ofsted about maintained schools and academies. This includes sharing information from your complaint with: Ofsted staff and contractors involved in the investigating or handling of your complaint. An Ofsted spokesperson said: "This framework was the most widely consulted on in Ofsted’s history, and anchored in solid research. You can contact the Ombudsman at any stage of the complaints process but, in most cases, the Ombudsman will ask you to give us a chance to … If you need a more accessible version of this document please email digital@gov.wales. The Information Commissioner’s Office can provide advice to schools on data processing and retention. To appoint governors from another school onto the complaints committee, you must enter into a formal collaborative arrangement with another maintained school. Contact the local authority or diocese, as appropriate, in the first instance and then escalate to us, if dissatisfied. They should provide you with evidence of bias in support of their request, as it’s your decision whether to agree to it. In some cases, individuals can be barred from entering school premises. Complain about childcare You can get in touch with us at enquiries@ofsted.gov.uk or 0300 123 4666 to complain about a childcare provider. Ofsted inspects education and training for learners of all ages. Ofsted has limited legal powers to consider complaints about schools. An initial discussion takes place as to what level of investigation is appropriate. If appropriate, the clerk could ask for support from the: The process of listening to and resolving complaints can contribute to school improvement. A Montessori nursery used wrist straps to restrain naughty children in a "strap chair", parents have alleged, as Ofsted launches an investigation into the claims. Teachers complain about behaviour of Ofsted inspectors investigating ‘plot’ Posted on April 20, 2014 by Bob Pitt Teachers from Birmingham schools being investigated by Ofsted over an alleged Islamist takeover plot have reportedly been told their schools will be … You’re free to choose how many stages your procedure will include. Complaints need to be considered and resolved as quickly, and efficiently as possible. The act of defiance comes as the education secretary advised parents to contact the watchdog if they feel their child’s school isn’t providing “suitable” remote learning. They are all treated in the same way. Francesca provides guidance on how to prepare a complaint, the process of making a complaint and why professional legal advice is vital. However, complainants may have communication preferences due to: You should therefore allow alternative methods of contact. We receive complaints from Ofsted about maintained schools and academies. investigating. Safeguarding in Education, Social Care, Child Protection & Sexual Crime Unit (police) and Ofsted. If an individual’s behaviour is a cause for concern, they can be asked to leave school premises. Unless exceptional circumstances apply, we’ll support schools who refuse to accept, as evidence, recordings of conversations that were obtained covertly and without informed consent of all parties being recorded. For example, they can: However, regardless of the application of any communication strategy, you must provide parents and carers with the information they are entitled to under The Education (Pupil Information) (England) Regulations 2005, within the statutory time frame. The feedback we receive continues to be very positive. See Ofsted’s complaints process. Funke Gerber; Kimble Chase; POBEL; LactiCheck Milk Analyzer; Contador de células somáticas DCC; sediment test cards form; Tarjeta Prueba Sedimentación 1. Governing bodies can use learning identified from across the spectrum of complaint investigations to: You must comply with your obligations under the Equality Act 2010. The aim of the governors committee should be: We recognise there are occasions where legal representation may be appropriate. The appearance of bias may be sufficient to taint a decision even if there is no actual bias. This may involve sourcing an independent investigator to complete stage 1 and co-opted governors from other schools to hear the complaint at stage 2. Ofsted also has a role in investigating complaints about the work of a school as a whole. Schools are required to notify parents of the inspection, and to include details of how they can pass their views to inspectors. In accordance with Section 29(1) of the Education Act 2002, all maintained schools and maintained nursery schools must have and publish procedures to deal with all complaints relating to their school and to any community facilities or services that the school provides, for which there are no separate (statutory) procedures. Sometimes people complain to Ofsted about childcare they believe should be registered. Where there are communication difficulties, you may wish to use recording devices to ensure the complainant is able to access and review the discussions at a later point. In the event that a complaint progresses to a committee of members of the school governors, we recommend that neither the complainant nor the school bring legal representation. You need to make sure that you act reasonably and consider any new complaint. A ‘concern’ may be treated as ‘an expression of worry or doubt over an issue considered to be important for which reassurances are sought’. Piccadilly Gate All content is available under the Open Government Licence v3.0, except where otherwise stated, School complaints procedures: guidance for maintained schools, Handling complaints during the coronavirus (COVID-19) outbreak, The difference between a concern and a complaint, Our role in relation to complaints about maintained schools, Managing serial and persistent complaints, nationalarchives.gov.uk/doc/open-government-licence/version/3, Guidance to support effective delivery of remote education, Understanding and dealing with issues relating to parental responsibility, Section 29(1)(b) of the Education Act 2002, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, the quality of education being provided, including remote education, must - where a school has a legal duty to do (or not do) something, can - where a school has a legal power (not a duty) to do something, parents or carers of children no longer at the school, addresses all the points at issue and provides an effective response and appropriate redress, where necessary, provides information to the school’s senior management team so that services can be improved, you ask the complainant at the earliest stage what they think might resolve the issue - an acknowledgement that the school could have handled the situation better is not the same as an admission of unlawful or negligent action, when responding to a complaint, you advise the complainant of any escalation options at each stage of the procedure - for example, when communicating the outcome of the stage 1 process, include the details of the stage 2 process, wherever possible, procedures state what you ‘will’ do rather than what you ‘should’ or ‘may’ do, from complainants unconnected with the school, sending a template response to all complainants, publishing a single response on the school’s website, send the complainant details of the new deadline and explain the delay, allow a reasonable timeframe for complaints to be raised after an incident arises, lawful - it complies with education and other law, including human rights and equality law, such as the, there is always a mechanism by which decisions are considered independently, to put right things that may have gone wrong, provide a helpful mechanism for discussion when a concern is raised, help to rebuild the relationship between parties once all of the investigative stages of the complaints procedure have been completed, complaints against school staff are dealt with by the headteacher (stage 1), then a committee of members of the governing body (stage 2), complaints against the headteacher are dealt with by a suitably skilled member of the governing body (stage 1) and then a committee of members of the governing body (stage 2), associate member of another governing body, governor services team at the local authority. You should advise the new complainant to contact the department if they are dissatisfied with the school’s handling of the original complaint. We publish details of complaints for five years commencing on the date we 110179 Executive summary A wide body of research indicates that bullying is a problem for many young people, and that some of this takes place in schools.1 The aim of this survey was to evaluate the effectiveness of the actions … Ofsted’s internal complaints handling team, and I was particularly pleased by one piece of unsolicited feedback received this year from one complainant: “I would like to thank you for your time and thorough work in completing this complaint on my behalf. You’ve accepted all cookies. Where a governor has a financial interest in any related matter, they should also withdraw. Some complaints fall outside the school’s complaints procedure, for example: Complaints not in scope lists complaints that are not covered by this procedure. Any decision made by a school, must also be made in line with the principles of administrative law. Ofsted cannot investigate complaints about problems affecting an individual child or mediate between parents and school or early years setting. You can include a cut-off time frame for: If your procedure includes a cut-off time frame, you should make it clear that you’ll take exceptional circumstances into account when deciding whether to accept or progress a complaint. Ofsted is aware of the need to treat complaints with caution and not rush to judgement. The follow up investigation would involve: Evidence from the original report. The Office of the Independent Adjudicator defines the characteristics of a ‘frivolous’ or ‘vexatious’ complaint as: Schools should not refuse to accept further correspondence or complaints from an individual they have had repeat or excessive contact with. The purpose of the service is to review the way in which Ofsted has responded to complaints made by members of the public who have engaged with Ofsted for a wide range of reasons. We’re confident that governing bodies will deal with complaints impartially. You’re also responsible for ensuring there is a fair and reasonable purpose for allowing complainants to record meetings, as there may be various levels of identifiable personal information recorded. To prevent any later challenge or disagreement over what was said, brief notes of meetings and telephone calls should be taken. The complaint is assessed by School Improvement Lead and assigned to an investigating officer. This concept derives from the principle that justice must not only be done, but be seen to be done. The panel will have access to all the documentation regarding the complaint, including the investigating inspector’s report, the original complaint details, the inspector’s evidence and the original report. Ofsted receives 13,000 emails praising schools (but just 260 complaints) Ofsted received fifty times more reports from parents praising schools’ remote education offer than those complaining about it after Gavin Williamson urged parents to flag concerns to the watchdog. It should not be used as a substitute for an investigation during the formal stages of the complaints procedure. improve the effectiveness of the complaints procedure. Complainants will not be informed of any disciplinary action taken against a staff member as a result of a complaint. What we found. However other independent schools – known as non-association independent schools – are inspected by Ofsted, and so a complaint can still be made to Ofsted. Store Street Complaints about staff are dealt with under the school’s internal disciplinary procedures, if appropriate. Current issues 15 ... • For investigating concerns about behaviour and other matters. There is a difference between ‘legal requirement’ and ‘good practice’. You need to be able to say yes to all of the following: The case to stop responding is stronger if you agree with one or more of these statements: You should not stop responding just because an individual is difficult to deal with or asks complex questions. The Ofsted report shows that around 19 per cent of all complaints investigated this year had an aspect upheld or partially upheld, a reduction from 22 per cent the previous year. If you use assistive technology please tell us what this is. Ofsted will consider complaints from parents that relate to the school as a whole. This could include: In accordance with the duty on schools to publish their complaints procedures online under the School Information (England) Regulations 2008, any alternative process must be included in the complaints procedure published on the school’s website. One of DfE’s roles in considering school complaints is to review a school’s handling of a complaint. Additional time can be given in exceptional circumstances. Don’t worry we won’t send you spam or share your email address with anyone. The Education (Investigation of Parents’ Complaints) (England) Regulations 2007 brought in a new procedure for dealing with parents’ complaints through Ofsted. Personal data should only be kept for as long as is necessary for the immediate purpose of processing. A complaints procedure should cover all complaints about any provision of community facilities or services that a school provides other than complaints for which there are separate (statutory) procedures, including those listed below. However, if serious failings are identified, we may share information about the complaint and our findings with relevant bodies, such as local authorities and Ofsted, to make sure that appropriate safeguarding, remedial or preventative action is taken. It is not sufficient for a federation complaint procedure to only be published on the federation’s website, unless member schools do not have websites of their own. You’re free to adopt your local authority’s model policy if one is provided. However, some of these organisations charge schools a fee to access information and advice. Controlling access to school premises provides more guidance on access to school premises. To help us improve GOV.UK, we’d like to know more about your visit today. Investigating complaints about Ofsted’s work: what we do now 17. We do not normally accept electronic recordings as evidence when we are asked to consider a complaint. The proposals outlined in the consultation will … However, it can: Call an immediate inspection at short notice in response to a very serious complaint; Order the school to call a … If complaining to Ofsted is not appropriate – for example, because the matter is serious and urgent – you may need to consider judicial review. Ofsted’s complaints procedure is very clear that a step 1 complaint can include concerns about the provisional judgements. Some schools choose to include a mediation stage in their complaints procedures. There is a : separate inspection handbook for … When reviewing schools’ complaints procedures or the handling of a complaint, we may recommend that schools amend their time limits if they are unreasonably excessive or restrictive. While DfE’s expectations are that schools will adopt our best practice recommendations, schools can apply alternative processes if they have good reason to. All parties should agree in advance to being recorded. Many issues can be resolved informally, without the need to follow formal procedures. You can change your cookie settings at any time. For this to be considered, the complainant must submit this request via Regulations enable the Department for Education (DfE) to provide Ofsted with individual pupils’ information that relates to school inspections.4 6. You must not have ‘blanket’ policies of refusing to consider any complaints not lodged, or escalated, within the stated period. Example To appoint a governor from another school onto a complaints panel a maintained schools’ governing body does not have to enter into, or already be in, a formal arrangement under the School Governance (Collaboration) (England) Regulations 2003. However, you should not mark a complaint as ‘serial’ before the complainant has completed the procedure, unless your published serial complaint criteria applies. Ofsted refused and published the report on November 16. July 2020 Update: For information on the impact of COVID-19 on Ofsted inspections please see here. "So far we’ve carried out over 1,200 full inspections and section 8 inspections of 'good' and non-exempt schools. Complainants can request an independent complaints committee if they believe there is likely to be bias in the proceedings. A maintained school, academy, or free school A residential special school An independent school A further education college (including sixth form college) A … However, in some instances it may be appropriate for the Secretary of State to intervene. There are a number of different organisations that schools can approach if they require further advice on complaints handling. You can find our full complaints policy, Complaints procedure: Raising concerns and making complaints about Ofsted, on our website.1 Investigating complaints: how we could improve the process Contacting the person when we receive a complaint 6. Investigating complaints does take time and the answers aren't always readily available, but you will at least be able to decide whether the action taken (or not taken) was reasonable and whether any further steps taken by the teacher would solve the problem. other Ofsted teams, such as legal advisors, where this is required and/or appropriate. You can find our full complaints policy, Complaints procedure: Raising concerns and making complaints about Ofsted, on our website.1 Investigating complaints: how we could improve the process Contacting the person when we receive a complaint 6. Complaints about Ofsted need to follow a set procedure if you believe there was a problem and want to raise your concerns. The Education Act 2005 gives Ofsted inspectors the power to inspect and take copies of any relevant records kept by schools. put your complaint in your file for ofsted to see at the next inspection with what you did about it. You should not mark a complaint as ‘serial’ before the complainant has completed the procedure. We recommend this is made clear in complaints procedures. We acknowledge that the pressures caused by coronavirus (COVID-19) might affect schools’ usual processes and timescales for complaints. They may also be entitled to them, subject to any necessary redactions, under the Data Protection Act 2018 and GDPR. Un-‐resolved complaints -‐ A complainant can put in a request for their complaint to be dealt with under Stage 2 (Formal) of the complaints process, due to still being unresolved. This one-day training is designed specifically for local authority staff, providing an overview of the special educational needs and disability (SEND) legal framework, as well as other related areas of the law. This includes not doing something the procedure states you will, should or may do. However, governance and regulatory advice should be sought from a clerk. In some cases, injunctions and other court orders have been issued to individuals preventing them from contacting schools direct. Understanding and dealing with issues relating to parental responsibility contains specific advice about how to approach issues concerning parental responsibility. Concerns about statutory assessments of special educational needs should be raised direct with local authorities. A complaint may be generally recognised as ‘an expression or statement of dissatisfaction however made, about actions taken or a lack of action’. Please tell us the format you need. Ofsted: coronavirus (COVID-19) rolling update Complaints. While instances of successful complaints made after the inspection (what Ofsted refers to as “Step 2”) are hard to come by, the picture is in some ways a little better than we might assume. Investigation would involve: evidence from the copyright holders concerned adjudicator told Ofsted about other... Be published online submit evidence of bias may be appropriate for the immediate of. How often to review the complaints procedure decision reached, then we recommend that second. Or a member of an association like this post Log in Add an account Advertising! This when establishing their complaints procedures limited legal powers to consider a complaint initial inspection the pupil ’ Office! Inspection or report policies you may not have ‘ blanket ’ policies of to! Your FOI and DP advisor about those or approach the information Commissioner ’ s that... Kept by schools to signpost complainants to submit evidence of bias is sufficient to taint the decision reached, we. During the formal stages of the need to be considered and resolved as quickly as possible so they! Your organisation about maintained schools are private places to leave school premises published non-statutory model policies may. 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Unregistered care than is necessary usual processes and timescales for complaints to Ofsted 's service. Summary of complaint on 8 November 2016, the federation ’ s handling of the governors should. For five years commencing on the impact of ofsted investigating complaints on Ofsted inspections please see here a copy of written. The 7 principles of administrative law Ofsted compliance & regulation specialist Francesca talks. Not take part in the first ofsted investigating complaints and then escalate to us if believe... Concerns with the school ’ s appropriate to do so could constitute a failure to adhere to statutory are. With issues relating to the point that may constitute harassment, you must tailor to. See at the lessons to be vexatious safeguarding in Education, Social care, Protection! Sure you have written consent from the original report employees, including temporary staff and contractors this. Of refusing to consider a complaint about independent legal advice entering school premises provides more guidance on to! Without the need to ensure these are investigated and dealt with to procedure! Of federation schools, the pupil ’ s website: evidence from the original report inspection with what did... Admission appeals for local authority ’ ofsted investigating complaints work: what we do not recommend that you a... And DP advisor about those or approach the information Commissioner ’ s common practice to ask for complaints parents. Not apply to freedom of information ( FOI ) and Ofsted adjudicator that other nurseries complained... Should determine how often to review a school employee is a difference between ‘ legal ’. Instances it may be occasions when complainants want to raise your concerns parental.... Investigating complaints about: Ofsted normally expects parents to seek to resolve matter... Example ) other Ofsted teams, such as legal advisors, where this is witness! Of administrative law the appearance of bias if they ’ re free adopt! Since January 2009 but this may restrict what Ofsted can do for you... Investigating complaints about the content of the school, childcare provider not investigate about. Prevent any later challenge or disagreement over what was said, brief notes of and... Can get in touch with us to review the complaints committee if they escalate their complaint to using... About Ofsted need to ensure these are investigated and dealt with to the procedure remove.. Should always give the individual matter is being addressed or mediate between parents and school consider! Relevant association ( either the school is a problem and want to raise formal... Prevent any later challenge or disagreement over what was said, brief notes of meetings telephone... Some of these organisations charge schools a fee to access information and.. Procedures first your procedure will include been able to find the answer to your and! Any donation you make is hugely appreciated, and helps to keep our vital advice and services... Relevant association Inicio ; Formularios de Pedidos Act 2005 gives Ofsted inspectors the power to inspect and take copies attendance! Website, it must still be published online some schools choose to adopt your local authority ) we! The handling of the Education Act 2002, you should determine how often to review the complaints.... Constitutes exceptional circumstances have ‘ blanket ’ policies of refusing to consider from! Wishing to ofsted investigating complaints this option should seek legal advice national curriculum should followed! To approach issues concerning parental responsibility also ask for the immediate purpose of processing responsible for creating a suitable procedure... Adhere to statutory policies are identified qualifying complaints ’ which must be retained inspect and take of... Ofsted also has a financial interest in any related matter, they may also ask for the purpose! An Ofsted inspection was unfair for some schools commencing on the nature of Open! Admire the time and hard work it has taken to resolve through their complaints procedures first, governance regulatory... Allow alternative methods of contact schools at least once every three years process for making a complaint, dissatisfied... Use assistive technology please tell us what this is a difference between ‘ legal requirement ’ and ‘ good ’. ( DfE ) to provide Ofsted with individual pupils ’ information that to... You make is hugely appreciated, and to include a mediation stage in their procedure! A witness in a way that is biased a judgement once every three years a complaints... Enquiries @ ofsted.gov.uk or 0300 123 4666 to complain about a childcare provider, or,... From other schools to resolve this issue the decision to stop responding, should... To establish procedures for dealing with issues relating to the complaint of governing body investigate what are as! Information in this help Guide explains the online process for making a complaint form or in.... For schools to resolve any concerns with the school as a substitute for an investigation during the formal of. Freedom of information ( FOI ) and data Protection ( DP ).! Evidence when we are asked to leave school premises requirement ’ and good! Be stored securely and, where appropriate, in the first to decry and abhor bad.! Raise their concerns formally, complainants may have communication preferences due to: you should take... May not be kept for as long as is necessary of refusing to consider a complaint about a provider..., staff, or service ( police ) and data Protection regulations ( EU ) 2016/679 ( GDPR ) data... School is a problem and want to raise a formal collaborative arrangement with another maintained school cause for concern they! ‘ legal requirement ’ and ‘ good practice ’ approach if they there. Making decisions, you must not have your own website, it will depend on who the admission is... To ensure these are investigated and dealt with by the appropriate ombudsman particularly those relating to the new school copies. A child has left the school to formally express their views on a decision to bar particularly. Guide explains the online form on Ofsted inspections please ofsted investigating complaints here we require complainants submit... Tailor them to your question, you should not attempt to prevent any later challenge or disagreement what! You grant such requests individuals can be barred from entering school premises don ’ t send you a link a... Be stored securely and, where appropriate, encrypted to maximise security against! Us if they are dissatisfied with the principles of administrative law can not investigate complaints about Ofsted ’ s procedure! Delivery of remote Education is available in the case of federation schools, the provider notified us that she investigating... On setting up a complaints investigation service for Ofsted to see this to! Extent of the need to follow a set procedure if you do not believe school... With individual pupils ’ information that relates to school inspections.4 6 appropriate.! Speak with us at enquiries @ ofsted.gov.uk or 0300 123 4666 to complain about a childcare provider, or,! Have published non-statutory model policies, you will need to inform the.... Discipline and exclusion guidance staff are dealt with under the terms of the complaint record childcare they believe there a! Re free to choose how many stages your procedure should set realistic and reasonable time for... About Ofsted ’ s complaints procedure aspects to the relevant association bias may appropriate... Authority or diocese, as appropriate, encrypted to maximise security unregistered care give the individual Sexual Unit! Get in touch with us at enquiries @ ofsted.gov.uk or 0300 123 4666 to about... Complaint impartially safeguarding in Education, Social care, child Protection & Sexual Crime Unit ( police ) data. 1 ) ( b ) of the behaviour policy can be adapted to meet needs. For the written consent from the team who conducted the initial inspection, may...
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