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Complaints Policies & Appeals Procedure

Complaints Policies

01. Aim

The aim of this policy and accompanying procedure is to achieve a fair, effective and speedy resolution of complainant(s) concerns about the education and/or welfare of individual students in the care of Islamic Academic of Britain.

02. Availability of the Complaints Policy and Procedure

This policy and procedure is available on request to students, parents / carers and prospective students of Islamic Academic of Britain. Copies of the Complaints Policy are available from:

Principal

Islamic Academic of Britain,

Rifaaiyy Building

Halifax

HX1 5JY

IAB ‘phone number (01422 255883)

 

A copy of Islamic Academic of Britain’ Complaints Policy is also available from the IAB Reception and on the website.

 

 

03. Outline

3.1      This policy and procedure is for the benefit of students and parents/carers of students at Islamic Academic of Britain, also referred to as “the IAB”. This policy and procedure will be relied upon in respect of all complaints by parents/carers and students made against the IAB except in respect of:

(a) Child Protection allegations where a separate policy and procedure applies.

(b) Exclusions where a separate policy and procedure applies.

(c) Appeals relating to internal assessment decisions where a separate appeals procedure applies.

3.2      The IAB expects that most concerns can be resolved informally and will use its best endeavours to resolve any complaints that are made informally, or any concerns that are raised, on that basis.

3.3      If informal procedures fail to resolve the issue, a formal complaint about any matter not involving child protection allegations, internal assessment decisions or a decision to exclude a student, must be given verbally or in writing to the Principal and will be dealt with under this Complaints Policy and Procedure.

3.4       Every complaint shall receive fair and proper consideration and a timely response.

3.5    We will do all we can to resolve all concerns, to ensure you are happy with the education that students receive at Islamic Academic of Britain.

3.6   Complainant(s) can be assured that all complaints and expressions of concern, whether raised informally or formally, will be treated seriously and confidentially.

3.7      Correspondence, statements and records will remain confidential except where the Secretary of State or a body conducting an inspection under section 109 of the 2008 Act requests access to them, and where any other legal obligation prevails.

04. Complaints Procedure

 4.1       The Complaints Procedure will:

  • Encourage resolution of problems by informal means wherever possible.
  • Be easy to obtain and clearly publicised.
  • Be simple to understand and use.
  • Be impartial.
  • Be non-adversarial.
  • Allow swift handling with clear time-limits for action and keeping people informed of progress.
  • Ensure a full and fair investigation by an independent person where necessary.
  • Respect people’s desire for confidentiality.
  • Address all the points at issue and provide an effective response and appropriate redress, where necessary.
  • Provide information to the IAB’s Governing Body and Principal so that services can be improved.

4.2      The  IAB will be clear about the difference between a concern and a complaint.  We will take concerns seriously at the earliest stage to reduce the numbers that develop into complaints.

05. Stages

Stage One (Informal) Complaint heard by staff member
  1. It is hoped that most concerns and complaints will be resolved quickly and informally.
  2. The main contact person between complainant(s) and the IAB will always be the Principal. All IAB systems will work through class teachers to provide a clear and constant link with families. In most cases, the matter should be resolved quickly by this means.
  3. The IAB will use its reasonable endeavours to resolve any informal complaints within ten (10) working days of them being raised, except where they are raised in IAB holidays. The ten working days will start from the first day back after the holiday.
  4. Should the matter not be resolved as referred to in paragraph 3 above, then complainant(s) will be advised to proceed with their complaint in accordance with Stage Two of this Procedure.

 

Stage Two (Formal) – Complaint heard by Principal
  1. If the complaint cannot be resolved on an informal basis (as set out in paragraphs 3 and 4 above), then complainant(s) should put their complaint in writing to the Principal. Complainant(s) should also identify how they wish their complaint to be resolved.
  2. The Principal will normally delegate responsibility for undertaking an investigation of the complaint to the head of finance and admin unless he/she deems it appropriate to deal with the matter personally.
  3. The Principal will decide, after considering the complaint, the appropriate course of action to take.
  4. In most cases, the Principal will meet or speak with the complainant(s) concerned to discuss the matter. If possible, a resolution will be reached at this stage.
  5. The Principal will use reasonable endeavours to speak to or meet the complainant within ten (10) working days of the formal complaint being received, except where the complaint is received in IAB holidays.
  6. It may be necessary for the Principal to carry out further investigations.
  7. Principal will keep a written record of all meetings and interviews held in relation to the complaint.
  8. Once the Principal is satisfied that, so far as is practicable, all of the relevant facts have been established, a decision will be made. The complainant will be informed of this decision in writing, giving reasons for the decision. The written decision should be provided no later than ten (10) working days after speaking or meeting with complainant(s) to discuss the matter (See paragraph 4 above). The Principal may also arrange to meet with the complainant to explain the decision.
  9. The IAB will keep a written record of all formal complaints, including records of meetings and interviews held in relation to the complaint and the IAB’s decision, for which records will be kept for one (1) year after the student leaves the IAB. This record will state if the complaint(s) was/ were resolved at the preliminary hearing or if they were taken to appeal.
  10. Where complainants are dissatisfied with the outcome of the IAB’s response to their formal complaint, the complainant have the opportunity to have their complaint considered by the Chair of Governors.
Stage Three ( formal)  – Complaint heard by the Chair of Governors
  1. If complainants are not satisfied with the response from the Principal or that the complaint is about the Principal then they should write to the Chair of Governors to request that their complaint is considered further.
  2. The complaint must be made in writing stating the nature of the complaint and a summary of how the IAB has handled it so far. This should be addressed to the ‘Chair of Governors’. He/she will acknowledge the receipt of the complaint in writing or by phone.
  3. Complainants will be informed of the outcome of the Chair of Governors’ investigations in writing within 15 days of when the Chair of Governors acknowledges the complaint.
Stage Four – Panel Hearing
  1. If complainants seek to invoke Stage Four following failure to reach an earlier resolution and where dissatisfied with the Chair of Governors’ decision in respect of their formal complaint, the complainants may write to the Clerk of the Governing Body at the IAB address, and request that their complaint be further considered by an independent Complaints Panel set up for this purpose.
  2. This request for further assessment of the complaint will, for the purposes of this procedure, be known as an ‘appeal’.
  3. Complainants must lodge their appeal in writing and within ten (10) working days of the date of the IAB’s decision made in accordance with the Stage Two Procedure. Complainants should provide details of their complaint(s) made against the IAB and the reasons why they believe the complaint(s) have been unresolved by the Stage Two Procedure, along with the solutions suggested to resolve the complaint.
  4. The Complaints Panel is only obliged to consider the complaint(s) lodged in this ‘initial submission’ although other relevant and related matters that may subsequently arise may be considered at the discretion of panel members.
  5. Where an appeal is received by the IAB, the IAB will, within five (5) working days, refer the matter to the Clerk to the Governing Body who will act as Clerk to the Complaints Panel. Where the appeal is received by the IAB during IAB holidays, the IAB has five (5) working days upon commencement of the IAB term to refer the matter to the Clerk.
  6. The Clerk provides an independent source of advice on procedure for all parties.
  7. Once an appeal has been received by the Clerk, he/she will acknowledge the appeal in writing within five (5) working days, and inform the complainants of the steps involved in this Complaints Procedure.
  8. The Clerk will then endeavour to convene an independent Complaints Panel hearing as soon as possible to consider the matter, normally no later than twenty (20) IAB days after receipt by the IAB of the complainants’ letter that they wish to invoke the Stage Three Procedure, dependent upon the availability of the Panel members.
  9. The independent Complaints Panel will consist of two Governors who have not previously been involved in the complaint, and one person independent of the management and running of the IAB. The process used for selecting an independent person will conform to relevant guidance issued by the AICP.
  10. The GB Appeals Panel is the last IAB based stage of the complaints process and is not convened merely to rubber stamp previous decisions. It is an impartial panel which does not consist of individuals who have had previous involvement in the process. Individual complaints will not be heard by the whole GB at any stage, as this could compromise the impartiality of any panel set up for a disciplinary hearing against a member of staff following a serious complaint.
  11. Remit of The Governing Body Complaints Appeal Panel. The panel can:
    1. Dismiss the complaint in whole or in part
    2. Uphold the complaint in whole or in part;
    3. Decide on the appropriate action to be taken to resolve the complaint;
    4. Recommend changes to the IAB’s systems or procedures to ensure that problems of a similar nature do not recur,
  12. The Chair of the Panel will notify the complainant of the panel’s decision, in writing including the reasons for the decision. A deadline for this will be set at the hearing and communicated to the complainant. The letter will also explain if there are any further rights of appeal and, if so, to whom they need to be addressed.
  13. The copy of the decision and all matters relating to complaints will be also made available to the person complained about, if relevant and stored in the Complaints Folder so can be viewed by Principal. In this folder, a record of all complaints that are made, whether they are resolved following a formal procedure or proceed to a panel hearing and action taken by the IAB will be logged as a result of those complaints. All these findings will be kept confident and stored in the Head Teacher’s office and will be available on request from a regulatory body.
  14. No governor will sit on a panel if he/she has had prior involvement;
  15. We will attempt to ensure that the panel consists of a cross section of the categories of governor and sensitive to the issues of race, gender and religious affiliation;
  16. The aim of the hearing, which needs to be held in private, will always be to resolve the complaint and achieve reconciliation between the IAB and the complainant;
  17. The panel Chair will ensure that the proceedings are as welcoming as possible;
  18. It must be recognised that the complainant might not be satisfied with the outcome if the hearing does not find in their favour.
  19. The following are entitled to attend a hearing, submit written representations and address the Panel:
  20. The complainant(s) and/or one representative.
  21. The complainant(s) is/are allowed to be accompanied at the panel hearing, if they wish, although legal representation is normally not appropriate.
  22. The Principal and/or one representative.
  23. Any other interested person whom the Complaints Panel considers to have a reasonable and just interest in the appeal and whose contribution would assist the Panel in their decision-making.

                      Legal representation will not normally be appropriate.

  1. Where the Complaints Panel deems it necessary, it may require that further particulars of the complaint or any related matter be supplied in advance of the hearing. In such cases all parties will be given the opportunity to submit written evidence to the Panel in support of their position, including:
  2. Documents in support of complaint(s).
  3. Times and key dates relating to complaint(s).
  4. A written submission setting out the complaint(s) in more detail.

This evidence will be considered by the Panel, along with the initial submission that was lodged by complainant(s).

  1. Evidence will be initially sent to the Clerk, who will then circulate the documentation to all parties, including the Panel members, along with an order of proceedings. All written evidence must be received by the Clerk no later than ten (10) working days in advance of the hearing. The Clerk will distribute the written evidence to the relevant parties no later than five (5) working days in advance of the Panel hearing.
  2. It is for the Panel to decide how to conduct the proceedings of the appeal, which should be reasonably informal so that all parties can present their case effectively. If possible, the Panel will resolve the complainant(s)’ complaint immediately without the need for further investigation. Where further investigation is required, the Panel will decide how it should be carried out.
  3. After due consideration of all the facts they consider relevant, the Panel will reach a decision, and may make recommendations, which it shall complete within ten (10) working days of the hearing. The decision reached by the Complaints Panel is final. Any decision reached that may have financial implications for the IAB will need the appropriate approval from the relevant authorities e.g. the Governing Body and IAB Trust, although any such approval must be compatible with the decision of the Complaints Panel.
  4. The Panel’s findings will be sent by the Clerk in writing to the complainant, and where relevant, the person against whom the complaint was made. The letter will state any reasons for the decision reached and recommendations made by the Complaints Panel.
  5. The IAB will keep a record of all written appeals, decisions and recommendations of the Complaints Panel; records will be kept for one (1) year after the student leaves the IAB. These records will be available for inspection on the IAB premises.
  6. End of policy statement

Responsible:  NN

Date approved:          April 2018     

Date to be reviewed:  April 2020

 

06. Complaint Form

Official Use Only

07. Complaints Flowchart

Summary of Dealing with Complaints

 

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