Schools - complaints processes regulations

All references to 'schools' include school boarding premises.

Steps to compliance

1. Review or revise

Review and revise existing complaints policies and procedures or develop new ones to meet this Standard. When doing this, address each specific requirement set out in Clause 11 of Ministerial Order 1359.

The complaints policies and procedures must be child focused, publicly available and accessible. This means children can understand what to do and who to talk to if anything makes them feel uncomfortable or unsafe. This includes procedures (‘the process for making a complaint’) that children can understand and follow if they need to.

The complaints policies must contain clear procedures for responding to complaints or concerns about child abuse in all forms, including:

physical child abuse
sexual child abuse
grooming
emotional child abuse
family violence
neglect.

Complaints must be taken seriously and responded to. This means policies specify the behaviour and procedures staff and volunteers must follow when they:

receive a complaint
become aware of concerns relating to child abuse.

Staff and volunteers are not required to make a judgement about the truth of a complaint or concern relating to child abuse. Complaints policies and procedures must not include any statement that indicates or implies that they are.

Respond to complaints promptly and thoroughly. This means upon receiving a complaint schools must:

carry out the actions listed in their complaints policies and procedures in a timely manner
act to protect a student who raises or is affected by a complaint or concern.

2. Endorse

Updating complaints and reporting policies and procedures is not enough. The school governing authority must endorse the policies and procedures for complaints and reporting of child abuse.

Schools must also make them publicly available. This could mean:

posting them on a public website
distributing them through school newsletters or communications
including them in school induction materials.

3. Implement

Compliant schools:

have a clear procedure for responding to complaints or concerns about child abuse
have a complaints handling process focused on students and their safety needs
take complaints and concerns seriously
respond promptly and thoroughly
support and protect students who raise, are affected by, or connected to, complaints or concerns
identify and respond to all forms of child abuse
report child abuse to relevant authorities, whether or not there is a legal obligation to report it.

Examples of common non-compliance

There is no complaints policy or associated procedures for responding to complaints or concerns about child abuse.
Complaints policies and procedures are not reviewed and changed to cover all Ministerial Order 1359 requirements.
Procedures designed and written for adults only, not children. It is not clear that children and students know what to do and who to talk to if anything makes them feel uncomfortable or unsafe.
The complaints policy and procedures cover some people within the school, but not others. For example:
- a complainant is told that they can make a complaint about staff, but not about volunteers, contractors, children or students.
- a student or child is told that they cannot make a complaint about another student or child. This is incorrect.
A complaint is made, but the school does not carry out the actions listed in the published policy or associated procedures in a timely manner.
A school does not record or act on a complaint.
A school discourages or prevents somebody from making a complaint.
Procedures do not identify:
- the role and responsibility of leadership, staff and volunteers in handling complaints
- an alternative procedure if any person with responsibility cannot perform their role. For example, if they are the subject of the complaint.

Clause 11 of Ministerial Order 1359 aligns to Child Safe Standard 7 and states:

11.1 Schools and school boarding premises must ensure that processes for complaints and concerns are child focused.

11.2 In complying with clause 11.1, the school governing authority or school boarding premises governing authority must, at a minimum:
1. develop a complaint-handling policy that is made publicly available and that is accessible, child-focused, culturally safe and easily understood by the school community or school boarding premises community, and clearly outlines:
  1. the process for making a complaint about the school or school boarding premises or the behaviour of any person within the school or school boarding premises (for example staff, volunteers, contractors, families, children or students)
  2. the roles and responsibilities of leadership, school staff, school boarding premises staff, and volunteers in relation to handling complaints; and
  3. the process for dealing with different types of complaints, breaches of relevant policies or the code of conduct and obligations to act and report.
2. ensure complaints are taken seriously and responded to promptly and thoroughly
3. have policies and procedures in place that address reporting of complaints and concerns to relevant authorities, whether or not the law requires reporting, and cooperate with law enforcement
4. ensure recordkeeping, reporting, privacy and employment law obligations are met when responding to complaints and concerns
5. have a clear procedure or set of procedures for responding to complaints or concerns relating to child abuse.
11.3 The procedures referred to in clause 11.2(e) must:
1. cover all forms of child abuse
2. be sensitive to the diversity and characteristics of the school community or school boarding premises community
3. be made publicly available
4. be accessible to children, students, staff, volunteers and the school community or school boarding premises community
5. apply to complaints and concerns relating to child abuse made by or in relation to a child or student, school staff, school boarding premises staff, volunteers, contractors, service providers, visitors, or other persons while connected to a school environment or school boarding premises environment
6. identify the roles and responsibilities of school staff or school boarding premises staff and leadership to act and report on complaints and concerns relating to child abuse including:
  1. ensuring that the complaint or concern is taken seriously
  2. promptly and thoroughly managing the response of the school or provider of school boarding services
  3. responding appropriately to a child or student who raises or is affected by the complaint or concern
  4. monitoring overall compliance of the school or provider of school boarding services with the procedure; and
  5. managing an alternative procedure for responding to the complaint or concern if any person allocated responsibility under clause 11.7(f) cannot perform their role.
7. include a statement that fulfilling the roles and responsibilities in the procedure does not displace or discharge any other obligations that arise if a person reasonably believes that a child is at risk of child abuse
8. clearly describe the actions the school or provider of school boarding services will take to respond to a complaint or concern relating to child abuse, including actions to:
9. report allegations, suspicions or disclosures to relevant authorities, regardless of whether there is a legal obligation to report:
  1. protect any child or student connected to the complaint or concern relating to child abuse until the complaint or concern is resolved; and
  2. make, secure, and retain records of the complaint or concern and the response of the school or provider of school boarding services.
11.4 The procedures referred to in clause 11.2(e) must not:
1. prohibit or discourage school staff, school boarding premises staff or volunteers from reporting a complaint or concern relating to child abuse to a person external to the school or school boarding premises
2. state or imply that it is the victim’s responsibility to inform the police or other authorities of an allegation relating to child abuse
3. require school staff, school boarding premises staff or volunteers to make a judgment about the truth of a complaint or concern relating to child abuse
4. prohibit school staff, school boarding premises staff or volunteers from making records in relation to a complaint or concern relating to child abuse.
Government schools can access an updated complaints policy template:
- updated complaints policy template(opens in a new window) (login required)
Ideas and support for making school complaints process child focused are available here:
- Schools complaints process guidance(opens in a new window)

Education

Updated 24 June 2022