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HINCHINGBROOKE
SCHOOL
Policy Statement
on
PERSISTENT COMPLAINTS/HARASSMENT
FOR SCHOOLS
Drawn up by: SJE
Date: February 2005
Date adopted by Governing Body: 10.2.05
Revised:
PERSISTENT COMPLAINTS AND HARASSMENT POLICY
1 AIMS OF POLICY
The aims of this policy are to:
- Uphold the standards of courtesy and reasonableness that should characterise all communication between the School and persons who wish to express a concern or pursue a complaint.
- Support the well-being of students, staff and everyone else who has legitimate interest in the work of the School, including governors and parents.
- Deal fairly, honestly and properly with persistent complainants and those who harass members of staff in school while ensuring that other stakeholders suffer no detriment.
2 HUMAN RIGHTS
2.1 In implementing this policy the School will seek to ensure that its actions are in accordance with its obligations under the Human Rights Act 1998 and the Convention Rights embodied within it in order to protect the Human Rights of both persistent complainants and all other stakeholders.
3 WHO IS A PERSISTENT COMPLAINANT?
3.1 For the purpose of this policy, a persistent complainant is a parent/carer or member of the public who complains about issues, either formally or informally, or frequently raises issues that the complainant considers to be within the remit of the School and whose behaviour is unreasonable. Such behaviour may be characterised by:
- actions which are obsessive, persistent, harassing, prolific, repetitious and/or
- prolific correspondence or excessive e-mail or telephone contact about a concern or complaint
- an insistence upon pursuing unmeritorious complaints and/or unrealistic or unreasonable outcomes
- an insistence upon pursuing meritorious complaints in an unreasonable manner
3.2 For the purpose of this policy, harassment is the unreasonable pursuit of such actions as in (a) to (d) above in such a way that they:
- appear to be targeted over a significant period of time on one or more members of school staff and/or
- cause ongoing distress to individual member(s) of school staff and/or
- have a significant adverse effect on the whole/parts of the school community and/or
- are pursued aggressively.
4 PARENTS’ EXPECTATIONS OF THE SCHOOL:
4.1 Parents/carers/members of the public who raise either informal or formal issues or complaints with the School can expect the School to:
- regularly communicate to parents/carers in writing (i) how and when problems can be raised with the School, (ii) the existence of the School’s complaints procedure and (iii) the existence of the Persistent Complaints/Harassment Policy (iv) can expect to be dealt with by only one person and the same person throughout.
- respond within 15 working days;
- be available for consultation within reasonable time limits bearing in mind the needs of the pupils/students within the school and the nature of the complaint;
- respond with courtesy and respect;
- attempt to resolve problems using reasonable means in line with the School’s complaints procedure, other policies and practice and in line with guidance and advice from Cambridgeshire County Council;
- keep complainants informed of progress towards a resolution of the issues raised.
5 THE SCHOOL’S EXPECTATIONS OF PARENTS/CARERS/MEMBERS OF THE PUBLIC
5.1 The School can expect parents/carers/members of the public who wish to raise problems with the School to:
- treat all school staff with courtesy and respect;
- respect the needs and well-being of pupils and staff within the School;
- avoid any use, or threatened use, of violence to people or property;
- avoid any aggression or verbal abuse;
- recognise the time constraints under which members of staff in schools work and allow the School a reasonable time to respond;
- recognise that resolving a specific problem can sometimes take some time;
- (in the case of a complaint) follow the School’s complaints procedure.
6 THE SCHOOL’S ACTIONS IN CASES OF PERSISTENT COMPLAINT OR HARASSMENT
6.1 The School will take the following consecutive steps as necessary if the complainant’s behaviour is not modified:
- Verbally inform the complainant that his/her behaviour is considered to be becoming unreasonable/unacceptable and may be considered to fall under the terms of this policy.
- Inform the complainant in writing that his/her behaviour is now considered by the School to be becoming unreasonable/unacceptable (Model Letter 1).
- Inform the complainant in writing that his/her behaviour is now considered by the School to fall under the terms of this policy (see Model Letter 2).
- Inform the complainant that all meetings with a member of staff will be conducted with a second person present and that notes of meetings may be taken in the interests of all parties (see Model Letter 3).
- Inform the complainant that, except in emergencies, all communication from the complainant to the School should be carried out in writing (see Model Letter 4).
- (In the case of physical or verbal aggression) refer to Schools Briefing Paper 15 and consider warning the complainant about being banned from the School site; or proceed straight to a temporary ban. (Advice is available from the Schools Helpline, 01223 717970).
- Consider taking advice from Cambridgeshire County Council on requesting an Anti-Social Behaviour Order (01223 717970).
- Consider taking advice from Cambridgeshire County Council on pursuing a case under Anti-Harassment legislation (01223 717970).
Legitimate new complaints will still be considered even if the person making them is, or has been, subject to the Persistent Complaints/Harassment Policy. In these circumstances advice may be sought from the LEA (01223 717970).
If a complainant’s persistent complaining/harassing behaviour is modified and is then resumed at a later date within a reasonable period of time, the School may resume the process identified above at an appropriate level. In these circumstances advice may be sought from the LEA (01223 717970).
7 REVIEW
7.1 The Head or in his absence a Deputy Head will review as appropriate, and at a minimum once in a school year, any sanctions applied in the context of this policy.
MODEL LETTER 1: INFORMING A COMPLAINANT THAT HIS/HER BEHAVIOUR IS CONSIDERED TO FALL BELOW A REASONABLE/ ACCEPTABLE STANDARD
Dear ………….
This letter is to inform you that the School considers your actions in ………….
on……………… when you ……………………………………. to be below the standard expected of visitors. *
We would ask you to bear in mind the fact that such behaviour on a school site can be disruptive and distressing to pupils, staff and parents/carers.
We are aware that you have raised some concerns, and would advise you that these can be addressed by/the School is addressing these by*……………………………
At the moment we are dealing with these issues at stage * of the School’s Complaints Procedure.
Please note that the School’s Persistent Complaints/Harassment Policy sets out standards of behaviour expected of all people on the school site. These include:
- behaving reasonably
- treating others with courtesy and respect
- resolving complaints using the School’s Complaints Procedure
- avoiding physical and verbal aggression at all times
The Policy also indicates the steps that we may take if these standards are breached. These include:
- making special arrangements for meetings and communication with the School
- considering a ban from the School premises
- considering applying for an Anti-Social Behaviour Order
- considering legal action
I would ask that you allow the School time to resolve the issues according to the correct procedures, and would assure you that we shall take every possible step to move this process forward as quickly as possible.
I am confident that you will respect our need to maintain a calm and welcoming environment at all times.
Yours sincerely
Headteacher
* Fill in as appropriate
MODEL LETTER 2: INFORMING A COMPLAINANT THAT HIS/HER BEHAVIOUR IS NOW CONSIDERED TO FALL UNDER THE TERMS OF THE PERSISTENT COMPLAINTS/HARASSMENT POLICY
Dear …………… *
You will recall that I wrote to you on ……………….* telling you that we felt your behaviour in……………………………on……………………when you……………………….. * was below the standard we expect of visitors.
I am now writing to inform you that your behaviour in……………………. on…………………..when you………………………………….* has now led us to apply for the foreseeable future the School’s Persistent Complaints/Harassment Policy.
Please be aware that, should you be responsible for any further unacceptable behaviour in connection with the School, some or all of the following, actions may be taken:
- making special arrangements for you to meet staff and communicate with the School
- considering banning you from the School premises
- considering applying for an Anti-Social Behaviour Order
- considering legal action against you
If you wish to make a representation about the contents of this letter, please do so in writing to me at the School by ……………………..*
I do hope that the difficulties can now be quickly resolved.
Yours sincerely
Headteacher
* Fill in as appropriate
MODEL LETTER 3: INFORMING A COMPLAINANT THAT SPECIAL ARRANGEMENTS WILL BE MADE FOR HIM/HER TO MEET MEMBERS OF STAFF
Dear ……………………..*
Following my letter to you of ……………….* informing you that we felt your recent behaviour in connection with the School to be unacceptable/ unreasonable * , and that we now considered you to be subject to the School’s Persistent Complaints/Harassment Policy, I am now writing to outline for you the arrangements we have made regarding meetings at the School.
For the foreseeable future, should you wish to meet with a member of staff, we would ask you to note:
- this meeting will be arranged with a written appointment as soon as possible, and with a third party present
- in the interests of all parties, formal notes of this meeting may be made
These arrangements do not, apply, of course, to any emergencies concerning * , which should be reported to the School in the usual way.
I thank you for your forbearance in this matter, and do hope that the difficulties we are currently experiencing can soon be resolved.
Yours sincerely
Headteacher
* Fill in as appropriate
MODEL LETTER 4: REQUESTING THAT FUTURE COMMUNICATION
SHOULD BE BY LETTER ONLY
Dear ……………………..*
You will recall that I wrote to you on ……………….* informing you that we felt your recent behaviour in connection with the School to be unacceptable/unreasonable * , and that we now considered you to be subject to the School’s Persistent Complaints/Harassment Policy.
I am now requesting that, for the foreseeable future, all routine communication with the School should be by letter only. Please address all letters to ……* at the School. We shall respond as quickly as possible.
This request does not apply, of course, to any emergency involving *--in which case you should contact the School in the usual way--or to parents’ evenings, which will continue as in the past, but with a third party present.
I do hope that we can resolve the ongoing difficulties as soon as possible.
Yours sincerely
Headteacher
* Fill in as appropriate
