Complaint policy

Policy Title Complaint policy Date of Last ReviewJanuary 2023
Policy ReferenceFTEC 2Date of Next ReviewDecember 2023
Authorised by: Board of Directors    January 2023   

MISSION STATEMENT

Friendlytutors & Education Consultancy (FTEC) is committed to providing outstanding tutoring services to all our user, students, parents, and tutors. FTEC welcomes compliments and complaints from our learning community, from our stakeholders and from the general public. We use this process positively to improve services for our students, parents, tutors, and the wider community.

We recognise that, occasionally, mistakes will be made, or the service offered will not meet an individual’s requirements or expectation. As well as being managed as set out in this procedure, complaints will be used as feedback to improve the service which we offer

EQUALITIES STATEMENT

All who work at the Friendlytutors & Educational Consultancy (FTEC) Limited are committed to the celebration of diversity, and the challenging of disadvantage and discrimination, in all its forms.

These values are explicit to the ethos of the Friendlytutors & Educational Consultancy (FTEC) Limited and embedded into all our policies and practice.

Approved by the Board of Directors.

To be reviewed: December 2023

Important Contacts:

Designated Safeguarding Officer  Contact details
Name: Aaliyah (Director/PSC) Recruitment oversightTelephone: 07961732757 
Christabel Achunike (Mrs) (Director/PSC) – Recruitment teamTelephone: 07961732757-1 

1.0 Introduction  

This policy sets out the procedure for anyone wishing to make a complaint about staff or practice, including parents and carers who wish to make a complaint about the services provided by Friendlytutors & Education Consultancy (FTEC) limited. This policy is underpinned by the shared commitment of all members to treat every complaint with fairness, honesty, and impartiality, in order to ensure that the students we tutor will continue to experience outstanding teaching and learning.

2. Principles

This procedure exists to provide parents/carers, students, other stakeholders and external bodies or individuals with a formal structure to make a complaint about issues arising as a result of our services. FTEC seeks to ensure all concerns and complaints are dealt with efficiently, sensitively, and where possible in confidence, at the appropriate level. All complaints are handled in a balanced, neutral way, and assuming nothing until all of the facts are established

3. The difference between a concern and a complaint

It is important that staff understand how different forms of feedback are considered.

All complaints can initially start as a concern, which can be defined as ‘an expression of worry or doubt over an issue, considered to be important, for which reassurances are sought’. For example, a parent might wish to be assured that his or her child is receiving appropriate support with communication or might ask a member of staff to clarify a comment that the child has made about something during tutoring session.

Concerns can materialise into a complaint if the initial response is perceived as unreasonable or dismissive. A complaint is defined as ‘an expression of dissatisfaction, however made, about actions (or lack of actions) taken’. A complaint includes an element of blame against the agency or staff.

4. Exceptions to the complaints procedure

This Complaints Procedure covers all complaints about any provision of facilities or services. In the event of complaints about non-tutoring service, please refer to the section, ‘Complaints about Friendlytutors & Education  limited’. If there is any doubt about whether an issue should be dealt with as a complaint or through another formal procedure, guidance can be sought from FTEC’s Directors.

The exceptions listed below are not covered because separate procedures exist.

In certain circumstances, for example where the Local Authority or another public body is investigating the matters in a complaint, this process will be suspended until those investigations are concluded.

Exceptions include:

  • Allegations of child abuse/other child protection issues, other safeguarding issues
  • Whistleblowing (for financial or other regulatory malpractice)
  • Staff grievances/disciplinary procedures

Friendlytutors & Education  will not investigate anonymous complaints under the procedure in this Complaints Policy. Anonymous complaints will be referred to the Directors who will decide what, if any, action should be taken.

If the issue concerns a serious safeguarding or child protection issue, an allegation of abuse or a matter with serious disciplinary consequences, the Friendlytutors’ management should be informed immediately. The appropriate policy and procedures must be followed, and the Designated Safeguarding Lead must be informed.

5. EQUALITY

Friendlytutors & Education  limited will deal with concerns, difficulties, and complaints in accordance with its duty under the Equality Act 2010 (please refer to the Equality and Diversity Policy for further details).

6. DATA PROTECTION

Complaints sometimes include requests for information or documentation. Such requests will either be a ‘subject access request’ under the Data Protection Act 1998 (where the information requested relates to an identifiable individual) or a request under the Freedom of Information Act 2000 (where the information is general and not related to an identifiable individual).

Subject access requests under the Data Protection Act 1998 must be responded to within 40 calendar days, and requests under the Freedom of Information Act 2000 must be responded to within 20 working days.

Please refer to the Data Protection Policy and Freedom of Information Policy for further details.

7. Indicative timetables

NB: At all stages, FTEC will seek an informal resolution to your complaint. In complex cases, it might take longer to investigate a problem, meaning the timings of the complaints process might be extended. You will be informed should this happen.

Managers and staff will try to resolve any complaint as quickly as possible, but all concerned must recognise that teachers and support staff have many demands on their time. In complex cases, it might take longer to investigate than is provided for below – the investigator will communicate this to the parent or carer as soon as possible. A complaint will not be upheld solely because a deadline has been missed.

In certain circumstances, for example where the Local Authority or another public body is investigating the matters in a complaint, this process will be suspended until those investigations are concluded.

7.1 Timeline for raising a complaint

Please note that when we refer to working days, we mean Monday to Friday.

8.1 Stage 1: Informal complaint

  • You should raise an informal complaint within 10 working days of the incident in question
  • The complaint will be acknowledged within 7 working days of receipt
  • The complaint will be investigated and responded to within 21 working days of receipt of the informal complaint

8.2 Stage 2: Formal complaint

  • If you are not satisfied with the response, you should escalate to a formal complaint (following the process described in this document) within 5 working days of receiving the response to Stage 1
  • The formal complaint will be acknowledged within 7 working days of receipt
  • The formal complaint will be investigated and responded to within 21 working days of receipt

8.3 Stage 3: Panel

  • If you remain unsatisfied, you may request referral to a Complaint panel stage (following the process described in this document) within 10 working days of receiving the response to Stage 2
  • A panel will be convened within 20 working days of receiving your request
  • A final response will be given within 5 working days of the date of the panel meeting

9. COMPLAINTS PROCEDURE

9.1 made about staff

Stage 1: Informal complaints

In the first instance, it is essential each complaint is directed at a level appropriate to the nature of the complaint. Therefore, if for example a staff cannot resolve an informal complaint, it should be passed to the Senior manager in charge of complaint.

FTEC recognises that most concerns and complaints can be resolved at an initial informal stage. In this instance the complainant can speak to a senior manager.

At this stage, the senior manager or staff member must seek clarification on the complaint, identifying the outcome the complainant is requesting. Even though this is likely to be a spoken exchange, it is important that all parties are in agreement on outcomes and agreed actions.

The final resolution to the complainant can be provided orally or through a written response, however a written record of the response will always be kept by the Friendlytutors & Education  Limited.

Stage 2: Formal complaints

Formal complaints not about the HR manager

If all attempts to resolve the issue remain unsuccessful, the complainant may then follow the formal process by placing their complaint in writing to the senior manager responsible for complaint.

9.2 This written document should include:

The complaint

  • Any attempts made to raise/resolve the complaint (including who they have communicated with)
  • Any reasonable actions they feel may resolve the issue

The complaint will be investigated by a staff member (not the subject of the complaint) nominated by the board of directors. The complaint will be acknowledged within 7 working days. The formal complaint will be investigated and responded to within 21 working days. This timescale may be reasonably extended if the nature of the complaint is judged by the HR manager to be of a complex nature. Where there are exceptional circumstances resulting in a delay, the complainant will be notified of this and informed of the new timescales as soon as possible.

An accurate log must be maintained at this stage.

The resulting investigatory report will be presented to the Director for final determination. The HR manager will then respond in writing to the complainant.

10. Formal complaints made about a HR manager.   

Friendlytutors & Education  limited recognises that in exceptional circumstances parents/carers, other stakeholders or external bodies or individuals may wish to complain formally about a HR manager.  

If all attempts to resolve the issue remain unsuccessful, the complainant may then follow the formal process by placing their complaint in writing to the Directors.

This written document should include:

  • The complaint
  • Any attempts made to raise/resolve the complaint (including who they have communicated with)
  • Any reasonable actions they feel may resolve the issue

The complaint will be investigated by a senior member of Friendlytutors & Education  limited staff nominated by the Director. The complaint will be acknowledged within 7 working days. The formal complaint will be investigated and responded to within 21 working days. This timescale may be reasonably extended if the nature of the complaint is judged by the Director to be of a complex nature. Where there are exceptional circumstances resulting in a delay, the complainant will be notified of this and informed of the new timescales as soon as possible.

An accurate log must be maintained at this stage.

The resulting investigatory report will be presented to the Director for final determination. The Director will then respond in writing to the complainant.

11. Stage 3: Final panel stage

The last stage of the Friendlytutors & Education  limited complaints process is a referral to a Complaint panel. The complainant must request this within 10 working days of receiving the response to Stage 2 of the process. The FTEC HR manager will convene a panel at the earliest appropriate opportunity, but within 20 working days. The request will only be considered if the procedures at Stages 1 and 2 have been completed.

The written request should include:

  • a copy of all relevant documents and full contact details.  
  • details of all the grounds of the complaint and the outcome desired.
  • a list of the documents which the complainant believes to be in the agency’s possession and wishes the panel to see; and
  • whether the complainant proposes to be accompanied to the hearing by someone who is legally qualified.

If assistance with the request is required, for example because of a disability, please inform the HR manager of this so that appropriate arrangements can be made.

The HR manager will acknowledge the request for a hearing in writing within 7 working days of receipt during term time and as soon as practicable during the holidays.

A panel will comprise of Friendly tutors’ staff and external members.

The HR manager will convene a complaints panel as follows:

  • The panel will consist of at least three members.
  • No member of the panel can have been directly involved in previous considerations of the complaint.
  • Copies of any additional documents you wish the panel to consider should be sent to the Director to be received at least 10 working days prior to the hearing.

You may be accompanied to the hearing by another person, for example a relative, tutor or friend. The panel hearing is not legal proceedings and so legal representation is not usually necessary. If you do wish to be accompanied by someone who is legally qualified, you should have notified the Directors of this in your initial request for a panel hearing. If you did not do so and you wish to be accompanied by a legally qualified person, you must inform the Director of this at least 5 working days prior to the hearing.

The Directors will circulate a copy of the bundle of documents to be considered by the panel to all parties at least 3 working days prior to the hearing.

12. Proceedings of the panel

All parties will attend the meeting in the same room. The meeting will include:

  • the complainant
  • the panel
  • the respondent (usually the Director)

Any other staff/witnesses who will be invited to make representations concerning the complaint. The appeal will be closed to the public.

Parties may be questioned by the panel members so that they can form a clear and unbiased view of the complaint. Whilst it will be for the Chair of the panel to decide exactly how the meeting will proceed, the procedure at the meeting will allow:

  • the complainant to explain their complaint
  • the respondent to explain the school’s response
  • the panel to have an opportunity to question both the complainant and the other party
  • all involved to call witnesses (subject to the approval of the Chair of the panel), and the panel to question all the witnesses
  • the complainant, the respondent, and staff/witnesses to be accompanied at the meeting if they so wish (other than by a legal representative).

The Chair of the panel will explain to the complainant and the respondent that the panel will consider its decision based on the information and evidence presented to them, and a written response will be sent to both parties as quickly as possible and in an expeditious manner.

The panel will remember that some parent/carers are unused to dealing with groups of people in formal situations and may feel inhibited. Parents/carers may also feel emotional about discussing an issue that affects their child. The Chair of the panel will ensure that the proceedings are as informal as the situation allows.

13. Remit of the panel

The 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 FTEC systems or procedures to ensure that problems of a similar nature do not recur.

14. The decision

The panel will reach a decision on a balance of probabilities unless there is an agreed position.

The decision, findings and any recommendations will be confirmed in writing to you by email, normally within 7 working days of the hearing. If you do not wish to receive the decision by email, please inform the Director of this and a copy will be given or posted to you.

A copy of the decision, findings and any recommendations will also be made available to the subject of the complaint, where relevant.

The decisions, findings and any recommendations will also be available for inspection on the company’s website and other platforms.

This represents the conclusion of Friendlytutors & Education  complaints procedure.

15. Complaints about the Friendlytutors & Education  Consultancy Limited

Complaints about operational aspects of the agency and/or non-tutoring based FTEC staff will be managed using the same three step process above. Complaints of this type should be addressed to the HR Manager, unless the complaint is about the HR manager in which case complaints should be addressed to the Directors.  Complaints about FTEC can also be addressed to the local authority in question.

16. VEXATIOUS, PERSISTENT OR UNREASONABLE COMPLAINTS

FTEC is committed to dealing with all complaints fairly and impartially. Whilst contact between FTEC and the complainant will not be limited, we do not expect our tutors and operational staff to tolerate unacceptable behaviour deemed

abusive, threatening, or offensive.

In the case of vexatious or persistent complaints, if the complainant remains dissatisfied after all stages have been properly followed, the Directors will inform the complainant in writing that the procedure has been exhausted and the matter is now closed.

Should an individual’s approach to their complaint become disturbing, intimidating, or harassing, legal advice may be sought. FTEC has a duty of care to its employees, and this will be upheld.

17. REPORTING AND RECORDING COMPLAINTS

The FTEC Complaint Form should be used for all formal complaints. FTEC is mindful of its obligations under the Equality Act 2010 and will endeavour to facilitate alternative methods of communication where these are necessitated by disability or other unavoidable circumstance.

Once a complaint is received, FTEC will record all issues, with the HR Manager holding responsibility for ensuring complaints are consistently and accurately recorded including resolution and any further actions taken as a result of the complaint.

Appendix 1

Complaint Form

Name  
Date  
Address  
Name of student (if applicable) 
Relationship to student (if applicable)  
Student’s address (if different from above) 
 Contact number(s) (if you have a preferred time within the school day, please state it)  
Email 
Details of complaint   
What action have you already taken to try and resolve the complaint?  
What actions do you feel might resolve this complaint? (e.g. an explanation, an apology, etc.)