Introduction

This page is for education leaders who's establishments maybe subject to a complaint to a regulatory body from a member of your setting's community. 

A complaint against your establishment may highlight an incident, or a serious of incidents, where a safeguarding deficit in practice has been identified. It is anticipated that complainant has exhausted your local complaints process and procedures (set out in your setting's complaints policy). 

The Local Authority has a legal duty under s.175 of the Education Act 2002 to ensure that establishments, within its boundaries and jurisdiction, have effective safeguarding arrangements to promote the safety and welfare of learners (and if necessary take action to safeguard children under the Children Act 1989). 

Regulatory bodies such as Ofsted, the Department for Education, Regions Group, and the Independent Schools Inspectorate will share safeguarding complaints with the Local Authority for it to exercise it's legal functions. 

Bristol City Council 

Using Ofsted complaints as an example, the complaint is sent to the Director of Children Services and to other relevant teams depending on the context and concern. 

1. Referral to children’s social care team in the local authority (First Response): The concerns raised have identified that there is a potential risk of harm to a child or children such as a risk presented by a family member or person not in a formal position of trust. This can include allegations that a child is living with someone who has a history of harming children; or is being neglected; or is at risk of physical abuse; or is living in a household where there is domestic abuse. It also includes child-on-child sexual abuse.
2. Referral to the Designated Officer (LADO): The concerns raised have identified allegations of harm or possible harm caused by a person in a position of trust. Such allegations may be about harm to specific children or to children in general with whom the person in a position of trust may come into contact.
3. Information passed to the office of the DCS (Safeguarding in Education Team): This category is used when the concerns raised have identified that a child or children may be suffering or at risk of harm, but the concerns do not fit into either of the above categories. Examples may include child on child bullying, actions of a teacher causing a child to become distressed or that behaviour management approaches in a school are causing emotional harm. This category also includes general safeguarding information that the local authority may wish to be aware of but that might not warrant an assessment.

If a deficit in a setting's processes and or practice is identified this is also shared with the Safeguarding in Education Team to ensure appropriate support and challenge is provided.

Work with the setting 

The Safeguarding in Education Team will write to the head teacher/principal of the setting to notify you of the complaint. This will include: 

• the complaint reference number,
• which regulatory body has shared it,
• the date of when the complaint was made and 
• the overarching themes where deficits have been identified

We encourage leaders to share the complaint with their governance (if an academy this can include - their Trust safeguarding Lead) - this is to ensure that the setting complies with duties under Keeping Children Safe in Education Part 2.

Depending on the severity of the concern, frequency of the complaint theme, a proportionate approach is taken. This can include a face to face meeting, site inspection, a virtual meeting, or a telephone call. It is strongly encouraged that governance attends and is involved. 

A draft letter will be compiled with the findings from the meeting/visit. This will be shared back with you for factual accuracies. After you have checked the report the Bristol City Council Director of Education and Skills will forward it to the regulatory body. 

The setting will be sent a copy of the finalised report for their records. 

As part of our legal duties under s.175 of the Education 2002 to ensure that settings have effective safeguarding measures the Local Authority will  offer support/recommendations to rectify any identified deficits. 

FAQs

How can my setting minimise complaints?

We have found through experience that the best way to ensure Ofsted are only contacted as a last resort is to have a clear and well sign-posted setting complaints process. Ensuring that your complaints policy is up to date, on your setting's website and easy for parents/carers to find. Have a look at your complaints process through a parents/carers eyes, is it simple and straightforward or would a parent/carer find contacting Ofsted easier?

Do you investigate complaints?

No.

In exercising duties under s.175 of the Education Act 2002 - Bristol City Council will assess the effectiveness of a setting's processes and practices more generally around the themes of the complaint. 

Due to UK GDPR and the Data Protection Act 2018, the complainant is offered some protections - consent to share identity is not transferrable from the regulatory body to whom they made their complaint. In most cases it is anticipated that local procedures have been exhausted and that feedback and investigations will take place in line with the setting's own policy.

What is the outcome and will it affect an Ofsted inspection?

Complaints do form part of Ofsted’s ‘picture’ of a setting and a high number of complaints that identify shortfalls within a setting could raise a red flag. However, the majority of complaints about settings do not fall within this bracket.

Sometimes more severe complaints can be dealt with under s.11A of the Education Act 2005  These may also be referred to as a 'qualifying complaint'.  The processes on this page may form part of this but you will be notified by an HMI and or a member of the Safeguarding in Education Team if this is the case. It is these investigations that can lead to an inspection under section 5 or section 8.