Complaints about schools in England

People may complain about their child’s school for a wide range of reasons and often raise related concerns with their MP. This article provides an overview of school complaint mechanisms and some types of complaint which are handled separately.

Complaints procedures at state-funded schools

All school governing bodies should have a procedure to deal with complaints relating to aspects of the school and to any community facilities or services that the school provides. The procedure must be published.

Information on how to complain about a school, and the relevant forms, are available on gov.uk.

Generally speaking, complaints procedures follow the following stages, with complainants moving on to the next stage if they are not satisfied with the school’s response:

• An initial discussion of the problem with the school
• An informal complaint
• A formal complaint

Where a complainant remains unhappy after a school’s complaints procedure has been used, a complaint may be referred to the Department for Education.

Complaints to Ofsted

Ofsted may consider complaints about schools if a problem is believed to be systemic – that the school is badly run. Ofsted will not consider individual complaints about a school.

Ofsted may be contacted to discuss this type of complaint.

Complaints about independent (fee-paying) schools

Regulation 33 of the Education (Independent School Standards) Regulations 2014 sets out the requirements for independent schools’ complaints procedures.

There are three stages involved, with complainants advancing through each stage if they are not satisfied with the outcome:

• An informal complaint
• A formal written complaint
• A panel hearing if the complainant is not satisfied.

The Department for Education cannot investigate individual complaints about private schools, but it has certain powers as a regulator if the school is not meeting standards set by the department.

Complaints and appeals outside of regular processes

Some concerns that may be raised with or about schools are dealt with in different ways. For example:

• School admissions appeals have their own formal processes
• School suspensions (of more than five days’ length) and exclusions can be challenged through a separate process involving school governors and sometimes the local authority

Different processes may also apply relating to special educational needs, depending on the nature of the complaint. Initial concerns about a child’s support should be raised with the school, and in some cases with the local authority.

Related and more formal avenues of complaint include:

• Complaints to the local authority if special educational provision in an Education, Health and Care (EHC) plan is not being delivered.
• Appeals to the First-tier Tribunal on Special Educational Needs and Disability, for example about local authority decisions on whether to assess a child’s education, health, and care needs
• Complaints to the Local Government and Social Care Ombudsman about concerns such as delays within the EHC needs assessment and review process

More information is available in the Library briefing on Disputes about special educational needs in England.

The role of MPs

MPs do not have a formal role in relation to school complaints.

MPs may, at their discretion, decide whether to contact a school about an issue that has been raised with them by a constituent, to understand a school’s actions in a particular case. However, this would not have any inherent impact on the progression of the complaint itself.

Complaints about schools in Scotland, Wales, and Northern Ireland

Education policy is a devolved area. A separate casework article provides information on Complaints about schools in Wales, Scotland and Northern Ireland.

About the author: Robert Long is a researcher in the House of  Commons Library, specialising in schools’ policy

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.