Page 17 - Complaints Policy & Procedures Sep20

Establishing a complaints panel:
 The panel will comprise of 3 members, none of whom will have had any previous direct involvement in the matter detailed and will include:
o A member nominated by the Trust
o A local governor independent of the running of the academy.
o A member of the LGB (unless all of the LGB have had direct involvement in the
matter detailed, another local governor from another academy within the Trust sit
on the panel).
 When the Clerk of governors receives a copy of the complaint form he/she will inform the
LGB that a complaint has been received and that it has been passed to the panel to deal with. No further information about the complaint should be shared with other governors.
There are several points which any governor sitting on a complaints panel needs to remember:
 It is important that the appeal hearing is independent and impartial and that it is seen to be so. No governor may sit on the panel if they have had a prior involvement in the complaint
or in the circumstances surrounding it;
 The aim of the hearing, which needs to be held in private, will always be to resolve the
complaint and achieve reconciliation between the academy and the complainant;
 The panel chair will ensure that the proceedings are as welcoming as possible. The layout of
the room will set the tone and care is needed to ensure the setting is not intimidating and
not adversarial;
 Panel members sitting on the panel need to be aware of the complaints procedure and any
other procedures relating to the complaint e.g. Anti-bullying policy.
The Chair of the Panel will be nominated by the Trust and is responsible for ensuring that both complainant and Headteacher are given a fair hearing and that the panel arrives at its judgement without fear or favour.
Remit of the panel
The complaints panel 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 academy’s systems or procedures to ensure problems of a
similar nature do not recur.
It may:
 Consider and, if appropriate, criticise the way in which an operational decision was
communicated – but cannot overturn the decision itself;
 Consider the thoroughness with which the Headteacher/ LGB investigated a complaint
about a member of staff – but cannot expect the Headteacher to provide details about
confidential discussions with that staff member;
 Consider the manner in which a complaint about any decision was addressed – but cannot
expect the Headteacher/ LGB to have changed the decision;
 Consider and, if appropriate, identify limitations in a policy or procedures –but cannot make
or improve policy. (It can, however, recommend that the policy be reviewed by the LGB to ensure that problems of a similar nature do not recur, and individual panel members can subsequently play their part in improving the policy);
 Consider whether it should recommend that the Headteacher/ LGB offer appropriate redress.
DCAT Complaints Policy and Procedures
September 2020 Page 13 of 18