Raising complaints about a school your child is attending can be a difficult step to take. However, it is important to understand your options especially where you feel you have exhausted all of them.
The process for complaints will differ depending on what type of school your child attends.
The following are the three main types:
- Private Schools (Non-Government funded)
- State Schools (Government-funded)
- Special Needs Schools (SEN)
Internal complaints
Individuals can always try to resolve matters by raising their concerns informally by speaking to teachers, welfare officers etc. However, you can always file a formal complaint if necessary.
Each school will have an internal complaints policy, which can typically be found on the school’s website, or you may be able to obtain a copy by asking the school directly. It can be wise to retain a copy of your complaint for reference.
The school will then have a duty of care to investigate this complaint to a satisfactory standard and reach a reasonable outcome.
Private schools will only consider your complaint if you have a child at the school. However, for state schools you will need to check the complaints policy to determine whether they can investigate your complaint where you do not have a child at the school. Individuals raising concerns about an SEN schools should do so whilst their child is registered with the school. You should always try speaking to the designated SENCO in order to reach a resolution.
The local authority may also offer a ‘disagreement resolution service’ if you would like to keep matters informal. However, raising a formal complaint with your local authority is always an option and if the school has an ‘SEN Information Report’ this will explain how to raise your SEN concerns.
Department of Education (DfE)
The DfE will not investigate a complaint about a private school unless the school has failed to uphold certain standards set out by DfE. The following link lists the circumstances in which you may refer the matter to the DfE: https://www.gov.uk/complain-about-school/private-schools
The DfE may arrange an emergency inspection or ask inspectors to consider certain complaints at the next inspection. You may use the following link to raise a DfE complaint: https://form.education.gov.uk/service/Contact_the_Department_for_Education
With state schools, once the individual has exhausted internal complaints, the DfE can investigate and implement recommendations into policies adopted by the school.
However, the following matters cannot be investigated:
- The issuing of fixed penalty notices
- Behaviour of staff at the school
- Where a school fails to issue an apology or compensation
For SEN schools, the DfE could potentially examine how the complaint was investigated and decision was reached but will not change the decision itself. It will merely ask the school to reconsider its approach and take appropriate action.
Ofsted Complaints
Individuals complaining about state schools also have the option to raise concerns with Ofsted for them to focus on these areas in their next inspection. Ofsted will not consider complaints relating to the individual directly, but more so any issues affecting the wider school.
You can use the following link to register your Ofsted complaint: https://www.gov.uk/complain-to-ofsted
Disability Discrimination
Where your complaint relates to disability discrimination, it is recommended you still follow the internal complaints procedure, unless you do not want to do this in the first instance. You can read about your disability rights here: https://childlawadvice.org.uk/information-pages/disability-discrimination-in-education/
Individuals must submit their claims within six months of the discrimination taking place. Parents making the complaint must use Form SEND4A, and individuals over school leaving age but under 18 must use Form SEND4B.
Where the SEND tribunal upholds your claim, their decision will need to be adopted by the school or local authority within a set period of time. However, if the tribunal denies your claim you will need to ask for permission within 28 days to appeal to the Upper Tribunal (Administrative Appeals) Chamber.
