Academy Schools' handling complaints and investigations

Miss B White made this Freedom of Information request to Department for Education This request has been closed to new correspondence. Contact us if you think it should be reopened.

Department for Education did not have the information requested.

Dear Department for Education,

Please can you show me any document that will show me, for academy schools:
* who sets the standards for investigating complaints and incidents
* to what standards investigations should be conducted following a complaint or incident
* the communications issued to academies communicating any benefits of proper handling of complaints and incidents
* who is responsible for holding academy schools to account for effective, fair, objective action in response to complaints and incidents
* who to complain to if complaints meet the school's published complaints process but do not do fair or objective complaint handling.

Yours faithfully,

Miss B White

MINISTERS, Department for Education

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ACCOUNT, Unmonitored, Department for Education

 

Dear  B White 

 

Thank you for your recent enquiry which was received on 27 November.

 

A reply will be sent to you as soon as possible. For information; the
departmental standard for correspondence received is that responses should
be sent within 20 working days as you are requesting information under the
Freedom of Information Act 2000. Your correspondence has been allocated
reference number 2020-0067099. 

 

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

Web: 

[1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

 

References

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QUESTIONS, Academy, Department for Education

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Dear Miss B White,

Apologies for the delayed response from your email to the
[1][DfE request email] email address dated 26 November 2020. Your
correspondence has been allocated to the Education and Skills Funding
Agency (ESFA) to provide you with a response as the executive agency
within the Department for Education responsible for academies and free
schools.

Academies are independent schools, governed by an academy trust. This
arrangement provides academies greater autonomy. It is for the academy to
handle complaints made against them, and they are responsible for
resolving the outcome of complaints. The ESFA has a limited role and can
usually only consider the handling of a complaint and whether the academy
has followed [2]Part 7 of the Education (Independent School Standards)
Regulations 2014.

We do not consider or reconsider the decision reached by the academy. Only
the courts can overturn an appeal panel’s decision, and the complainant
would need to seek legal advice on how to do this. 
 
If we uphold a complaint, we may do one or both of the following:

* ask the academy to change its complaints procedure so that it complies
with legal requirements.
* ask the academy to reconsider a complaint from an appropriate stage in
their procedure.

We are normally unable to reinvestigate the basis of the complaint or
change the decision of an academy that has met its legal duties. Neither
can we offer an alternative option for complaints to be resolved outside
of the academy’s own procedure.

Information about our remit regarding complaints about academies
is [3]available online.
I hope you find this information of some assistance.
 
Yours sincerely

Nick Ball
Operational Delivery Manager
Academies Complaints and Customer Insight Unit.

References

Visible links
1. mailto:[DfE request email]
2. http://www.legislation.gov.uk/uksi/2010/...
3. https://www.gov.uk/government/publicatio...

Dear Department for Education,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Education's handling of my FOI request 'Academy Schools' handling complaints and investigations'.

The answer provided did not address the points in the question which related to standards and accountability for investigations completed in response to complaints.
Please address this. I have summarised the question and answers below, but please refer to the full wording of the questions when doing your internal review.:
* who sets the standards ? (not answered)
* to what standards are there ? or what communications have been issued in lieu of standards ? (not answered)
*Who holds academy schools for account ? (answered – no one – they hold themselves accountable but a member of the public can hold them accountable by taking legal action against the school)
* who to complain to if complaints meet the school's published complaints process but do not do fair or objective complaint handling? (not answered)

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

Miss B White

MINISTERS, Department for Education

1 Attachment

Thank you for contacting the Department for Education. If you are
contacting us about coronavirus (COVID-19) you can find advice and
guidance on [1]GOV.UK. This includes [2]guidance for educational settings
in England. You can also contact our coronavirus helpline on 0800 046
8687. Lines are open Monday to Friday from 8am to 6pm and weekends 10am to
4pm.

For emails and other written enquiries you will usually receive a reply
within 15 working days. You can find out how the department processes your
personal information by reading our [3]Privacy Notice.

 

 

[4]cid:image001.jpg@01D42E43.58989C30

 

References

Visible links
1. https://www.gov.uk/coronavirus
https://www.gov.uk/coronavirus
2. https://www.gov.uk/government/collection...
https://www.gov.uk/government/collection...
3. https://www.gov.uk/government/organisati...
https://www.gov.uk/government/organisati...

Miss B White left an annotation ()

I wait and wait. I have to refer to ICO.

Dear Department for Education,

Please can you confirm when you will reply to this request for an internal review? The response is long overdue.

Yours faithfully,

Miss B White

MINISTERS, Department for Education

1 Attachment

Thank you for contacting the Department for Education. If you are
contacting us about coronavirus (COVID-19) you can find advice and
guidance on [1]GOV.UK. This includes [2]guidance for educational settings
in England. You can also contact our coronavirus helpline on 0800 046
8687. Lines are open Monday to Friday from 8am to 6pm and weekends 10am to
4pm.

For emails and other written enquiries you will usually receive a reply
within 15 working days. You can find out how the department processes your
personal information by reading our [3]Privacy Notice.

 

 

[4]cid:image001.jpg@01D42E43.58989C30

 

References

Visible links
1. https://www.gov.uk/coronavirus
https://www.gov.uk/coronavirus
2. https://www.gov.uk/government/collection...
https://www.gov.uk/government/collection...
3. https://www.gov.uk/government/organisati...
https://www.gov.uk/government/organisati...

ACCOUNT, Unmonitored, Department for Education

Dear  B White 

Thank you for your recent enquiry which was received on 8 February.

A reply will be sent to you as soon as possible. For information; the
departmental standard for correspondence received is that responses should
be sent within 20 working days as you are requesting information under the
Freedom of Information Act 2000. Your correspondence has been allocated
reference number 2021-0011142. 

 

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

ACCOUNT, Unmonitored, Department for Education

1 Attachment

Dear Ms White,

Please find a response to your Freedom of Information request attached. 

 

Yours faithfully

 

Education and Skills Funding Agency

 

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

Miss B White left an annotation ()

Thanks to the intervention of the ICO we finally have a response...but sadly it does not answer the question.... so back we go again.....

Dear ACCOUNT, Unmonitored,

Thank you for your response after so long.

I am extremely disappointed that it does not answer the question. I have asked a question about INVESTIGATION STANDARDS. you have referred me to a link that does not even include the word investigation.

I do hope that you will do another internal review that enables you to answer the question asked.

Yours sincerely,

Miss B White

ACCOUNT, Unmonitored, Department for Education

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

 

ACCOUNT, Unmonitored, Department for Education

1 Attachment

Dear Miss White

Please find a response to your Freedom of Information request attached.

 

Yours sincerely

 

Education and Skills Funding Agency

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

Miss B White left an annotation ()

The department say that the information is publicly available.

There is no information about how schools must handle investigations in the public domain at the links they have provided.

I'm forced to conclude there is no standard for investigation by schools.

F-