Page 18 - Complaints Policy & Procedures Sep20

Format of a Panel Hearing
An example of the format for a panel hearing is as follows:
 Complainant and Headteacher will enter the room where the hearing is taking place
together;
 The chair will introduce the panel members and the Clerk and outline the process;
 The complainant is invited to explain the complaint;
 The Headteacher may question the complainant;
 The panel will question the complainant;
 The Headteacher is then invited to explain the academy’s actions;
 The complainant may question the Headteacher;
 The panel will question the Headteacher;
 The complainant is then invited to sum up their complaint;
 The Headteacher is then invited to sum up the academy’s actions and response to the
complaint;
 The chair explains that both parties will hear from the panel within five working days;
 Both parties leave together while the panel decides on the issues;
 The Clerk will remain with the panel to clarify.
Minutes will be taken. and circulated with the decision letter. These minutes may be subject to any necessary redactions.
General Principles
Certain principles underpin the format of a complaints hearing:
 The hearing should be made as unintimidating as possible to all parties;
 The panel may ask questions at any point. Panel members must find ways to ask probing
questions while maintaining an air of impartiality;
 The Headteacher must have no contact with members of the complaints panel except when
the complainant is present to preserve the principle of neutrality. This means that
Headteacher and complainant enter and leave the room where the hearing is held together;
 The chair of the panel should discourage the introduction of fresh documentary evidence at
the hearing – there should be every encouragement to produce the evidence in advance so
that both sides have time to study it;
 However, if new and relevant evidence is accepted by the chair, the chair will adjourn the
hearing for a few minutes to allow everyone to read the document;
 Both parties must leave the hearing room during the adjournment.
Exceptional circumstances
For the sake of clarity, the description above does not cover exceptional circumstances which might include:
 If a case has become a major talking point around the community and there are insufficient governors able to sit on a panel, the LGB in consultation with DCAT will put in place an alternative fair process;
 The complainant and/or the Headteacher may wish to call witnesses: The use of witnesses is discouraged. In nearly every case, a complaints panel will want to work with written witness statements if appropriate, but there may be particular circumstances where the presence of witnesses is necessary to establish key facts. In those cases, witnesses must be agreed in
DCAT Complaints Policy and Procedures
September 2020 Page 14 of 18
Where there are communication difficulties, consideration may be given to
recording the meeting to ensure the complainant is able to access and review the discussions at a
later point. All parties should agree in advance to being recorded