Complaints
O’ Connell C.B.S. Primary
COMPLAINTS POLICY
Introductory Statement
This document is intended to clearly identify the procedures which will be followed in the event of a complaint by any member of the school community about another member of the school community.
The effective and timely resolution of such conflicts as may arise must be the goal of a school which aims to run effectively and cooperatively.
For purposes of clarity, this document is divided into four sections:
1. Parent/Guardian Complaints
2. Pupil Complaints
3. Staff Complaints
4. Internal Conflict/Dispute
Note: This guidance does not apply to complaints in relation to allegations of:
child protection,
suspension,
permanent exclusion,
refusal to enrol,
discrimination.
Guidance to parents on these issues is set out in Appendix A: Brief Guidance for Parents who wish to make a complaint about a teacher or other staff member of a School (INTO and CPSMA, 1993).
Parent/Guardian Complaints
The involvement and collaboration of parents and guardians is valued in O’ Connell Primary School. The welcome shown to parents in our school and the mutual respect between teachers, school staff, students and their parents should minimise the number of official complaints which arise.
However, in the event that a parent has a complaint in relation to a teacher, student (other than their own child), Principal or any member of school staff the following procedure [agreed by the INTO (Irish National Teachers’ Association and the CPSMA (Catholic Primary Schools Management Association) in 1993] should be followed. These procedures are intended to facilitate the resolution of difficulties in an agreed and fair manner.
In addition, advice for parents in relation to making a complaint from the Department of Education and Skills website is presented in Appendix B.
Particular guidelines for staff members in relation to complaints received over the telephone will conclude this section.
Complaints About Teachers
As a school, we recognise both the importance of parental involvement and the necessity for parental involvement in our pupils’ education.
For that reason the school offers opportunities, both formal and informal, for parents/guardians to meet with staff to discuss/resolve issues.
Many informal meetings take place as pupils assemble at 8:50 and disperse at 2:30. Staff may also make themselves available, with/without prior arrangement, during the school day.
Issues can also be dealt with at mutually agreed meetings, at Parent/Teacher, Care Team Meetings and through the HSCL Officer.
This open and inclusive approach ensures that the need for formal complaints is minimised.
However, in the event that a parent/guardian wishes to make a complaint the following agreed stages should be followed:
Stage 1
A parent /guardian who wishes to make a complaint should, under normal circumstances, firstly approach the teacher to try to resolve the issue.
If it is an issue that cannot be resolved in a brief meeting, a mutually agreed meeting time should be arranged.
If the parent/guardian approaches the Principal first, he/she may be advised to speak to the teacher. If the Principal judges that this is not practical or prudent, notes of the complaint will be taken . The parent/guardian will be asked to return when the issue has been put to the teacher and his/her response received.
Teachers will listen respectfully and engage with parents/guardians who approach them with a complaint.
Teachers will not engage with parents/guardians who are aggressive, abusive, intimidating, threatening or under the influence of drugs/alcohol. The Principal/Deputy Principal should be notified of such incidents.
Where the parent/guardian is unable to resolve the complaint with the class teacher, he/she should then approach the Principal.
If, having approached the Principal, the parent/guardian feels that the issue has not been resolved, he/she should approach the Chairperson of the Board of Management of the Board of Management.
Stage 2
If the complaint is still not resolved and the parent/guardian wishes to pursue the matter further, he/she should lodge the complaint in writing with the Chairperson of the Board of Management of the Board of Management.
The Chairperson of the Board of Management will bring the precise nature of the written complaint to the notice of the teacher and seek to resolve the matter between the parties within 5 school days of receipt of the written complaint.
Stage 3
If the complaint is still not resolved informally, the Chairperson of the Board of Management should, subject to the general authorisation of the Board:
supply the teacher with a copy of the written complaint and
arrange a meeting with the teacher and, where applicable, the Principal with a view to resolving the complaint. (Such a meeting should take place within 10 school days of receipt of the written complaint.)
Note: Certain cases may arise where the Chairperson of the Board of Management deems the particular authorisation of the Board to be required.
Stage 4
If the complaint is still not resolved, the Chairperson of the Board of Management should make a formal report to the Board within 10 school days of the meeting.
The Board of Management must now consider the evidence (if any) in support of the particular complaint.
If the Board considers that the complaint is not substantiated, the teacher and the parent/guardian should be so informed within 3 school days of the Board meeting.
If, however, the Board considers that the complaint is substantiated, or that it warrants further investigation, the following steps should be followed:
The teacher should be supplied with copies of any written evidence in support of the complaint.
The teacher should be requested to supply a written response to the complaint to the Board of Management.
The teacher should be afforded the opportunity to make a presentation to the Board of Management and to be accompanied and assisted by a friend at any such meeting.
The board may arrange a meeting with the parent/guardian if it considers such to be necessary. The parent/guardian may also be accompanied and assisted by a friend at any such meeting.
Note : Only complaints about teachers which are written and signed by parents/guardians of pupils may be investigated formally by the Board of Management. However, some complaints should not be investigated by the Board. These include complaints which are deemed by the Board to be:
on matters of professional competence and which are to be referred to the Department of Education and Science/Teaching Council,
frivolous or vexatious complaints which do not impinge on the work of a teacher in a school,
complaints in which either party has recourse to law or to another existing procedure.
Stage 5
Following the Board of Management’s investigations, the Chairperson of the Board of Management will convey the decision of the Board in writing both to the teacher and to the parent/guardian within 5 school days of the meeting of the Board.
The decision of the Board will be final.
Complaints about Special Needs Assistants
Complaints coming from parents/guardians about Special Needs Assistants will be dealt with directly by the class teacher, in the first instance. The class teacher will report any such complaint to the Principal. Any complaint which cannot be resolved in an agreed manner at class level will be addressed by the Board through the stages detailed above.
Complaints about Pupils
Complaints made about pupils by other students’ parents/guardians will be dealt with, in the first instance, by the class teacher and may be referred to the Principal, depending on the circumstances. Parents/guardians will not be allowed to approach any child, other than their own, in the school.
The school will follow the procedures set out in the Code of Behaviour and the Anti-Bullying Policy.
Complaints about The Principal
Parents/guardians who wish to make a complaint should firstly approach the Principal with a view to resolving the issue informally.
If the parent/guardian feels that the complaint has not been resolved to his/her satisfaction and wishes to take the matter further, he/she should raise the matter with Chairperson of the Board of Management of the Board of Management .
Stages 2 – 5 of the Complaints Procedure (as outlined above) may then be followed.
Complaints Received over the Telephone
If a staff member receives a complaint by telephone, the name of the complainant, his/her connection with the school and the reason for the call will be recorded and passed on to the Principal. The details of the complaint itself will not be discussed over the telephone. The Principal, depending on the case, may investigate the matter before contacting the complainant or may make contact immediately.
Pupil Complaints
Pupil complaints which arise throughout the course of the normal school day will be addressed as they arise by teachers, special needs assistants, and other school staff. However, from time to time, a serious and official complaint may be made by a student in relation to a member of school staff or another student.
Pupil Complaints about Teachers or other Staff Members
If a pupil makes a complaint about a teacher, Special Needs Assistant or any member of staff to another member of staff, the person to whom the complaint is made will refer it to the pupil’s teacher. The class teacher will then decide to deal with the matter him/herself or refer it to the Principal. In either case, the Principal should be informed and a written record kept by both the teacher concerned and the Principal. Parents/guardians may be invited to the school to discuss the matter depending on the outcome.
If a pupil makes a complaint to the Principal about a teacher (or any member of staff), it will be noted and the pupil will be assured that the matter will be discussed with the teacher concerned with a view to resolving it. Parents/guardians may be invited to the school to discuss the matter depending on the outcome.
The same procedures should be followed in relation to a complaint by a student about any member of the school staff.
Pupil Complaints about other Students
Complaints made by pupils about other pupils will be dealt with by the teacher to whom the complaint is made, in the first instance. It may be referred to the Principal if deemed necessary.
Staff Complaints
In the event of members of school staff making official complaints, the following procedures should be adhered to. The following section describes guidelines for dealing with staff complaints about parents of students in the school, other members of staff, students in the school or the DES (Department of Education and Skills) Inspector.
Complaints Procedure about Parents/Guardians
Staff who wish to make a complaint about a parent/guardian of a child in the school should refer it to the Principal in the first instance.
If the staff member is not satisfied with the Principal’s response or decision, he/she may invoke Stage 2 of the Complaints Procedure, as outlined above, and allow the Board to attempt to resolve the situation.
Complaints about other Members of Staff
Complaints coming from a member of staff in relation to another member of staff will be dealt with, in the first instance, by the teacher discussing the issue with the member of staff in person. However, if the issue cannot be resolved in this way, then it should be brought to the attention of the Principal.
Complaints about Students
In these cases the complainant should refer the matter to the Principal in the first instance.
If it is not resolved at this stage the complaint will be referred to the organisation/management body responsible.
Complaints about DES Inspector
Any complaint will, if possible, will be passed on to the inspector, on the day in question by the teacher or Principal. Otherwise it will be done by the end of the following school day.
Guidelines in the publications ‘Procedures for Review of Inspections’ and the DES ‘Comments and Complaints’ (http://www.education.ie/en/The-Department/Customer-Service/Customer-Comments-and-Complaints.pdf) will be followed.
Internal Conflict/Dispute
It is vital that any conflict/dispute is resolved at the earliest opportunity. Most issues can be resolved informally by:
listening;
identifying the source of conflict;
addressing the issue early and in a constructive manner;
putting forward options for resolution which may include reaching compromises;
acknowledging if errors have been made by another party or that misunderstandings may have occurred;
accepting solutions whether as a compromise or otherwise;
closing the matter;
moving on.
The I.N.T.O. (Irish National Teachers’ Organisation) Staff Rep. may act as liaison in any disputes. A timeframe of not more than 20 school days to resolve the issue should be agreed. The outcome should be recorded in a mutually agreeable manner.
Where the Principal is not a party to the conflict/dispute he/she should be consulted.
If necessary a mediator/independent facilitator may be engaged by the Board of Management to help resolve the issue.
In cases where a conflict/dispute between staff members cannot be resolved informally, the Grievance Procedure, as agreed between the INTO and the CPSMA (Catholic Primary Schools Management Association), will be followed (Appendix A).
In case of a complaint of sexual harassment or bullying the procedures outlined in the school’s Safety Statement and the school’s Bullying and Harassment Policy will be followed.
Concluding Comments
All stakeholders in the school community will be responsible for the implementation of this policy.
This Policy will be reviewed after three years and will be amended as required.
This Policy was ratified by the Board of Management on: 09 -02 – 2016
Signed Thomas Carroll____________l
Chairperson BOM.
Appendix A: INTO / CPSMA COMPLAINTS PROCEDURE
The Irish National Teachers’ Organisation and the Catholic Primary School Managers’ Association reached agreement in 1993 on a procedure for dealing with complaints by parents against teachers. The purpose of the procedure is to facilitate the resolution of difficulties where they may arise in an agreed and fair manner. The agreement lays out in five stages the process to be followed in progressing a complaint and the specific timescale to be followed at each stage.
Important note
Revised procedures for processing complaints by Parents will be prescribed for all schools under Section 28 of the Education Act 1998. When available, the revised procedures will be sent to each school and will replace the procedures printed here.
Introduction
Only those complaints about teachers which are written and signed by parents/guardians of pupils may be investigated formally by the Board of Management, except where those complaints are deemed by the Board to be:
on matters of professional competence and which are to be referred to the Department of Education;
frivolous or vexations complaints and complaints which do not impinge on the work of a teacher in a school; or
complaints in which either party has recourse to law or to another existing procedure.
Unwritten complaints not in the above categories may be processed informally as set out in Stage 1 of this procedure.
Stage 1
A parent/guardian who wishes to make a complaint should, unless there are local arrangements to the contrary, approach the class teacher with a view to resolving the complaint.
Where the parent/guardian is unable to resolve the complaint with the class teacher she/he should approach the Principal with a view to resolving it.
If the complaint is still unresolved the parent/guardian should raise the matter with the Chairperson of the Board of Management of the Board of Management with a view to resolving it.
Stage 2
2.1 If the complaint is still unresolved and the parent/guardian wishes to pursue the matter further she/he should lodge the complaint in writing with the Chairperson of the Board of Management of the Board of Management.
2.2 The Chairperson of the Board of Management should bring the precise nature of the written complaint to the notice of the teacher and seek to resolve the matter between the parties within 5 school days of receipt of the written complaint.
Stage 3
3.1 If the complaint is not resolved informally, the Chairperson of the Board of Management should, subject to the general authorisation of the Board and except in those cases where the Chairperson of the Board of Management deems the particular authorisation of the Board to be required:
supply the teacher with a copy of the written complaint; and
arrange a meeting with the teacher and, where applicable, the Principal Teacher with a view to resolving the complaint. Such a meeting should take place within 10 school days of receipt of the written complaint.
Stage 4
4.1 If the complaint is still not resolved the Chairperson of the Board of Management should make a formal report to the Board within 10 school days of the meeting referred to in 3.1(b).
4.2 If the Board considers that the complaint is not substantiated the teacher and the complaint should be so informed within three school days of the Board meeting.
4.3 If the Board considers that the complaint is substantiated or that it warrants further investigation it proceeds as follows:
the teacher should be informed that the investigation is proceeding to the next stage;
the teacher should be supplied with a copy of any written evidence in support of the complaint;
the teacher should be requested to supply a written statement to the Board in response to the complaint;
the teacher should be afforded an opportunity to make a presentation of case to the Board. The teacher would be entitled to be accompanied and assisted by a friend at any such meeting;
the board may arrange a meeting with the complainant if it considers such to be required. The complainant would be entitled to be accompanied and assisted by a friend at any such meeting; and
the meeting of the Board of Management referred to in (d) and (e) will take place within 10 school days of the meeting referred to in 3.1(b).
Stage 5
5.1 When the Board has completed its investigation, the Chairperson of the Board of Management should convey the decision of the Board in writing to the teacher and the complainant within five school days of the meeting of the Board.
5.2 The decision of the Board shall be final.
5.3 This Complaints Procedure shall be reviewed after three years.
5.4 CPSMA or INTO may withdraw from this agreement having given the other party three months’ notice of intention to do so.
In this agreement ‘days’ means schools days.
Appendix B: Department of Education and Skills: Advice for Parents
Complaints, Bullying, Child Protection, Discrimination
Should I contact the Department about my complaint?
No, Under the Education Act 1998, legally, all schools are managed by the school Board of Management, on behalf of the school patrons or trustees or Education and Training Board (known as the management authority). It is the management authority that employs the school’s teachers and other staff members. In ETB schools, the ETB is the employer. The school Principal manages the school on a day to day basis.
As the Department has no role in the employment of staff in schools or schools’ day to day management, a complaint about the child’s school and its staff should be made to the school itself.
Accordingly, whereas the Department provides funding and policy direction for schools, the Department does not have the power to instruct schools to follow a particular course of direction with regard to individual complaint cases.
Who do I contact when making a complaint about my child's school?
If you're worried about your child at school or you have a complaint about the school, your child's class teacher (or tutor) is the best person to approach first for an informal discussion.
If your complaint is about a staff member (excluding the Principal), you should contact the school Principal.
Complaints regarding the Principal should be directed to management authority of the school.
How do I contact my child's teacher or school Principal?
They will usually be in the classroom during the day, but you can leave a message with the school office asking the teacher/Principal to contact you.
What if I am not happy with the teacher’s response?
If the teacher can't help, or if you are not satisfied with their response, you can talk to the Principal of the school (depending on your complaint, a school’s own procedures may ask you to speak to another member of staff before speaking with the Principal). You should be able to arrange a meeting or a telephone conversation through the school’s office.
What if I am not happy that the school Principal has resolved my problem?
If you can't resolve a problem informally, the school should have a formal complaints procedure that you can follow. This procedure should lay out what you may have to do and how long it should take the school to deal with your complaint
- See more at: http://www.education.ie/en/Parents/Information/Complaints-Bullying-Child-Protection-Discrimination/Parental-Complaints.html#sthash.kzExCJi7.dpuf