Parent complaints policy (interim) Resolving parent issues and concerns

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1 Parent cmplaints plicy (interim) Reslving parent issues and cncerns

2 Published by the Cmmunicatins Divisin fr the Perfrmance Divisin Reginal Services Grup Department f Educatin and Training Melburne September 2016 State f Victria (Department f Educatin and Training) 2016 The cpyright in this dcument is wned by the State f Victria (Department f Educatin and Training), r in the case f sme materials, by third parties (third party materials). N part may be reprduced by any prcess except in accrdance with the prvisins f the Cpyright Act 1968, the Natinal Educatin Access Licence fr Schls (NEALS) (see belw) r with permissin. An educatinal institutin situated in Australia which is nt cnducted fr prfit, r a bdy respnsible fr administering such an institutin may cpy and cmmunicate the materials, ther than third party materials, fr the educatinal purpses f the institutin. Authrised by the Department f Educatin and Training, 2 Treasury Place, East Melburne, Victria, ISBN

3 Cntents Preamble 3 Purpse f this plicy 3 Definitins 3 Guiding principles 4 General infrmatin abut handling cmplaints 5 Rle f the schl 10 Rle f the regin 11 Rle f the central ffice 15 Related legislatin 16

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5 Preamble The Department f Educatin and Training (the Department) recgnises that it is in the best interest f students fr there t be a trusting and cperative relatinship between parent and schl. Cmplaints are an imprtant way fr the schl cmmunity t prvide infrmatin and feedback t a schl. The Department cnsiders that every cmplaint prvides a valuable pprtunity fr reflectin and learning. The Department recgnises a parent s right t make a cmplaint and its respnsibility t prvide a framewrk within which effrts can be made t reslve cmplaints. It is the Department s belief that parent cmplaints are best handled at the schl level in an envirnment where parents feel able t speak up abut issues cncerning the educatin f their children. An effective cmplaint-handling system has a clear prcess fr reslving cmplaints, treats peple fairly, is timely and prvides thse peple invlved in a cmplaint with a fair pprtunity t respnd t issues and t present their views. This plicy is interim and will be finalised in Purpse f this plicy The purpse f this plicy is t ensure that: the Department (schls, regins, central ffice) meets its bligatin t respnd t parent cmplaints in a fair, effective and efficient manner parents are infrmed f hw they can make a cmplaint at their child s schl. This plicy cvers all students attending Victrian gvernment schls. This plicy des nt apply t matters where rights and prcesses fr review and appeal already exist. These include: student expulsins, see: Expulsins cmplaints abut staff that if upheld wuld cnstitute miscnduct, see: Cmplaints, unsatisfactry perfrmance and miscnduct student critical incident matters, see: Student Critical Incident Advisry Unit ther criminal matters, see: Plice Department Prtcls Definitins Fr the purpse f this plicy the fllwing terms are defined as fllws: a parent includes: a persn wh has parental respnsibility fr majr lng term issues as defined in the Family Law Act 1975 (Cmmnwealth) a persn appinted as guardian pursuant t the Children Yuth and Families Act 2005 (Victria) an infrmal carer with whm the child nrmally r regularly resides, and wh has day-t-day care and cntrl f the child a mature minr student an adult student Fr further infrmatin, see: Decisin Making Respnsibilities fr Students Department f Educatin and Training 3

6 a cmplaint is an expressin f dissatisfactin with an actin taken, decisin made r service prvided, r the failure t prvide a service, take actin r make a decisin at a schl. Fr example: My child has been left ut f the schl s netball team fr the third time in a rw. She is an accmplished netballer and deserves t be part f the team. It is nt fair that she has been left ut and I want t knw what yu intend t d abut this! a cmplaint is cnsidered t be reslved when the cmplainant and the Department (schl, regin r central ffice) agree n an apprpriate respnse r remedy a cmplaint is cnsidered t be finalised when the Department (Reginal Directr, r ther delegate f the Secretary) has made a final determinatin n the matter after exhausting the prcesses set ut in this plicy a cmplaint is cnsidered t be unreslved when agreement cannt be reached n a curse f actin and/r a remedy, r if the remedy cannt be implemented. Guiding principles The cmplaint-handling prcess must reflect the fllwing guiding principles, which are infrmed by the Australian/New Zealand Standard Guidelines fr cmplaint management in rganizatins (AS/NZS 10002:2014). Visibility Accessibility Respnsiveness Objectivity Cst Prtectin f Privacy Infrmatin abut hw and where t make a cmplaint, as well as hw a cmplaint will be handled, shuld be regularly publicised within the schl cmmunity. The actins taken t respnd t a cmplaint shuld be well dcumented and include the reasns underpinning any decisins made. Infrmatin abut hw t make a cmplaint and the schl s prcedures when respnding t a cmplaint shuld be easily accessible. The cmplaint-handling prcess shuld be flexible and include the ability t make a cmplaint in persn, by phne and in writing. Supprt shuld als be given t parents with special needs, including translatins, interpreters and enabling a parent t seek the services f an advcate. Receipt f written cmplaints shuld be acknwledged by cmmunicating with parents as sn as pssible. Cmplaints shuld be addressed prmptly and the parents kept infrmed f the prgress f their cmplaint when the matter is cmplex and will take time t bring t reslutin. Each cmplaint must be treated in an equitable, bjective and unbiased manner. There shuld be n cst t the parent fr access t the cmplaint-handling prcess at the schl, regin r central ffice. Persnally identifiable infrmatin cncerning the parent shuld be actively prtected frm disclsure except where needed in relatin t the cmplaint. This means that the cmplaint shuld nly be discussed with thse directly invlved in the cmplaint-handling prcess. Department f Educatin and Training 4

7 Student-fcused Accuntability Cntinual Imprvement The schl shuld be pen t feedback including cmplaints and shuld shw a cmmitment t reslving cmplaints with the educatinal wellbeing f students as the first pririty. Schls are required t have a fair, effective and efficient cmplaint-handling prcess. Schls are accuntable, bth internally and externally, fr their decisin making and cmplaint-handling perfrmance. Schls need t be able t prvide explanatins and reasns fr their decisins. Parent cmplaint-handling prcedures shuld be regularly reviewed fr imprvement. Cmplaint data and feedback shuld be used t identify recurrent themes and t implement imprvement measures where a need is identified. General infrmatin abut handling cmplaints All schls are required t develp, maintain and publicise a fair, effective and efficient cmplaint-handling prcess, s that cmplaints abut events r decisins at the schl can be addressed. Parents f students attending a Victrian gvernment schl wh have a cmplaint shuld, in the first instance, make the cmplaint t the schl that their child attends, except when the cmplaint is abut the principal f the schl. Cmplaints abut schl principals shuld be referred t the apprpriate regin. Fr further infrmatin, see: Cmplaint escalatin Rle f the schl Rle f the regin Rle f the central ffice The principal is respnsible fr the efficient and effective rganisatin, management and administratin f the schl including the schl s cmplaint-handling prcesses. Infrmatin abut hw parents can make a cmplaint and have it reslved at their schl is available n the Department s parent cmplaints web page. Schls must ensure that their schl cmmunity is aware f the infrmatin n the Department s web page and the schl s prcedures fr cmplaint handling. They must als ensure that their schl cmmunity is aware f prcesses fr cmplaint escalatin, see: Parent Cmplaints Gvernment Schls When addressing a cmplaint it is expected that parents and schl persnnel will: shw respect and understanding f each ther s pint f view perate within applicable legislatin acknwledge that their gal is t achieve an utcme acceptable t all parties act in gd faith and in a calm and curteus manner recgnise that all parties have rights and respnsibilities which must be balanced. All Department staff (schls, regin, central ffice) must bserve the cde f cnduct fr Victrian public sectr emplyees. Fr further infrmatin, please see: Creating Respectful and Safe Schl Cmmunities Cde f Cnduct fr Victrian Public Sectr Emplyees Department f Educatin and Training 5

8 Prtected disclsures Where a parent has real and substantial cncerns that, as a result f raising a cmplaint, they may suffer a detriment and the allegatins relate t crrupt cnduct, they may have access t prtectin under the prvisins f the Prtected Disclsure Act 2012 (PD Act). The PD Act defines the types f cmplaints that may be accepted as cmplaints under this Act. Fr further infrmatin, see: Prtected Disclsure Act Making and Handling Prtected Disclsures Unreasnable cmplainant cnduct All cmplaints shuld be cnsidered in accrdance with the schl s cmplaint-handling prcedures including when parent behaviur is thught t be unreasnable. While a decisin maker cnsiders a range f factrs and views, they may at any pint in the prcess utlined in this plicy cnsider a parent s behaviur t be unreasnable. In these circumstances, it is apprpriate fr the decisin maker t cmmunicate the basis n which the cnclusin was made t the parent in writing. The decisin maker may als indicate an acceptable prcedure fr future cmmunicatin with the parent abut their cmplaint. The Department cnsiders behaviur t be unreasnable when: it is clearly and significantly utside the expectatins f cperatin, curtesy and respect it calls fr staff resurces and time unjustified by the nature r significance f the cmplaint an actin r cmplaint is brught withut merit, ften t cause annyance t anther persn it is riented twards cnflict. Fr infrmatin abut hw t manage unreasnable cmplainant behaviur, see: Victrian Ombudsman s Unreasnable Cmplainant Cnduct Manual Managing Unreasnable Cmplainant Cnduct (jint prject f the Australasian Parliamentary Ombudsman) Annymus cmplaints The Department requires all cmplaints t be cnsidered. Hwever, it recgnises that its staff might nt be able t fully cnsider a cmplaint if they cannt effectively liaise with the parent. Furthermre, annymus cmplaints raise natural justice issues fr respndents wh have a right t knw particulars f the allegatins made against them. Department staff respnsible fr handling parent cmplaints shuld determine, in cnsultatin with ther relevant persnnel frm the central ffice r regin, the extent t which an annymus cmplaint received by the schl, regin r central ffice shall be investigated. Seeking advice Principals, schl staff, reginal cmmunity liaisn fficers (CLOs) and ther persnnel invlved in addressing parent cmplaints shuld seek advice, where necessary, frm relevant Department units and external agencies t btain apprpriate technical r specialist advice. Department f Educatin and Training 6

9 Cmplaint escalatin Parents shuld be made aware that they are able t take their cmplaint t the Victrian Ombudsman if they are dissatisfied with the utcme r respnse frm the Department, r if they feel their cmplaint is nt being handled prperly r in a timely manner. When it is unlikely that a cmplaint will be reslved using the schl s cmplaint-handling prcedures the principal shuld cnsider seeking advice frm the relevant regin. When a parent is nt satisfied with the manner in which their cmplaint has been treated by the schl, r their cmplaint is abut the principal f the schl, the parent can cntact their lcal regin. Fr further infrmatin, see: Rle f the regin When a cmplaint remains unreslved after referral t the regin, parents are able t request a review f prcess thrugh the Deputy Secretary, Reginal Services Grup. See: Rle f the central ffice It may nt always be pssible t reslve all cmplaints t the parent s satisfactin. This culd happen when the nature f the issues raised in the cmplaint is gverned by the Department s plicies r guidelines r if the parent has unrealistic expectatins abut the utcme f their cmplaint. Parents shuld be made aware that when cmplaints are sent t areas f the Department nt identified abve, the cmplaint may be referred t the relevant level as identified in the fllwing prcess image. Department f Educatin and Training 7

10 Department f Educatin and Training 8

11 Students with a disability Students with disabilities have rights under the Disability Discriminatin Act 1992 (Cmmnwealth), the Disability Standards fr Educatin 2005 (Cmmnwealth) and the Equal Opprtunity Act 2010 (Victria) t access their educatin n the same basis as their peers, including the right t reasnable adjustments. As with all cmplaints t which this plicy applies, parents shuld raise any cncerns r cmplaints regarding the treatment f a student with a disability with the schl in the first instance. The cmmunity liaisn fficer r the reginal disabilities crdinatr can als prvide advice t parents when they are seeking t raise a cncern r make a cmplaint at their schl. The Department als recgnises that parents f students with a disability can raise cmplaints r cncerns regarding a student with a disability in a number f frums, including: the Australian Human Rights Cmmissin in relatin t cmplaints regarding cmpliance with the Disability Discriminatin Act r the Disability Standards fr Educatin the Victrian Equal Opprtunity and Human Rights Cmmissin in relatin t cmplaints regarding cmpliance with the Equal Opprtunity Act in cnsultatin with the principal and any established student supprt grup, t the Wellbeing, Health and Engagement Divisin f the Department. This may relate t matters arising under the Prgram fr Students with Disabilities, including applicatins, Years 6-7 reviews, reappraisals and appeal prcedures. See: Prgram fr Students with Disabilities Department f Educatin and Training 9

12 Rle f the schl All schls handle parent cmplaints n a range f matters. Parent cmplaints are best addressed in an envirnment where parents feel able t speak up abut issues cncerning the educatin and welfare f their children. This is reflected in pen, tw-way cmmunicatin within the schl, clear rles and respnsibilities fr all members f the schl cmmunity, realistic expectatins abut what can be achieved by the schl and an effective, published cmplaints handling prcedure. Schls shuld treat parent cncerns seriusly and reflect n the issues raised thrugh cmplaints t change its practice and imprve the learning pprtunities fr its students. The schl s initial respnse t an incident r issue at the schl is critical. It is apprpriate t acknwledge what has ccurred with thse invlved and ffer an aplgy r expressin f regret fr any upset r distress they may have experienced. Thse invlved in the matter shuld be assured that the cmplaint will be explred and, where pssible, a full explanatin will be prvided nce the facts are knwn. The schl shuld als indicate the steps it intends t take t prevent a similar incident r issue frm ccurring again. The schl s Statement f Values clarifies and strengthens the rles f principals, parents, teachers and students, and helps t establish a cperative schl envirnment with realistic expectatins f what can be achieved by the schl. In such an envirnment, pen, tw-way cmmunicatin, free f blame, will assist schls t handle cncerns r cmplaints being raised by a parent. See: Creating Respectful and Safe Schl Cmmunities When a schl receives a cmplaint (either written r verbal) frm a parent, schls must fllw the prcesses utlined next. Schl respnsibilities It is the respnsibility f the schl t respnd t and address written (letter and ) and verbal (face-t-face and phne) cmplaints raised by parents frm their schl cmmunity. Schls are required t: develp and maintain fair prcedures fr parent cmplaint-handling. As a minimum the prcedures must include: wh t cntact when making a cmplaint a descriptin f the actins the schl culd take nce a cmplaint is received a time frame fr acknwledging written cmplaints and an expected time frame fr cmplaint reslutin the types f utcmes that the parent culd expect infrmatin abut what the schl will d if the cmplaint is nt able t be reslved by the schl and the ptins the parent has t take their cmplaint further cnsider all parent cmplaints by: raising the issues in the cmplaint with relevant staff and/r members f the schl cmmunity cnsulting, where apprpriate, with relevant sectins f the Department and/r external agencies fr technical r ther advice discussing the schl s findings with the parent in an attempt t reach an agreed reslutin cnsidering the engagement f a mediatr where a cmplaint has the ptential t becme intractable publicise the schl s cmplaint-handling prcedures within the schl cmmunity and make them readily available review the schl s cmplaint-handling prcedures regularly ensure that cmplaints received are recrded and actins taken t reslve the cmplaint are well dcumented Department f Educatin and Training 10

13 ensure a schl recrd f all cmplaints, bth written and verbal, is maintained at the schl seek advice frm either the central ffice r regin abut the management f cmplaints, including cmplex r challenging cmplaints r cmplainants and the use f mediatin/cnciliatin services, and seek specialist r technical advice frm external agencies and/r the Department when required. Fr further assistance cncerning challenging r cmplex cmplaints see: Unreasnable Cmplainant Cnduct ensure all schl persnnel are aware f the schl s parent cmplaint-handling prcedures and prvide pprtunities fr staff t attend training/prfessinal develpment activities with a fcus n cmplaint management. actively assist parents with the cmplaint prcess, infrming them that at any pint f the cmplaint prcess they are able t be supprted by an advcate/supprt persn. The rle f the advcate/supprt persn in this prcess is a supprtive and enabling ne. A cmplainant s advcate/supprt persn may be a member f the family, a friend, a cmmunity member r a persn prvided thrugh an apprpriate supprt/advcate agency. The advcate/supprt persn in the parent cmplaint prcess des nt receive a fee fr service. The cmplainant shuld infrm the principal if they want t include an advcate/supprt persn in the cmplaint prcess and prvide the name f the advcate, cntact details and the relatinship t the cmplainant. An advcate/supprt persn s rle may include: assistance fr the cmplainant t clarify the issues in the cmplaint discussin f difficulties being experienced by the cmplainant assistance in the develpment f a c-perative and cllabrative wrking relatinship between the cmplainant and the schl cmmunity assistance fr the cmplainant t understand Department plicy and guidelines and the reslutin being prpsed fr the cmplaint. Reslving cmplaints A principal may cntact the reginal directr and request the regin s interventin t help reslve a cmplaint. The principal wuld need t have exhausted the schl s parent cmplaint-handling prcedures and be f the belief that the cmplaint wuld nt be able t be reslved at the schl level. The parent shuld be advised that their cmplaint will be handled by persnnel frm the regin. Where a cmplaint is fund t be justified, schls are able t reslve cmplaints by: an aplgy r expressin f regret a change f decisin a change f plicy, prcedure r practice a refund f parent payments ffering the pprtunity fr student cunselling r ther supprt. Rle f the regin If a parent is nt satisfied that their cmplaint has been reslved by the schl, r if their cmplaint is abut the principal f the schl, they may refer their cmplaint t the relevant regin. In additin, the regin can prvide advice: t schls, and supprt, when they are respnding t parent cmplaints t parents when they are seeking t make a cmplaint at their schl. Department f Educatin and Training 11

14 Respnsibilities f the regin The regin has respnsibility t respnd t parent cmplaints when: a cmplainant is nt satisfied that the cmplaint has been addressed in accrdance with the schl s parent cmplaint-handling prcesses a cmplainant is nt satisfied that an acceptable reslutin has been reached the subject f the cmplaint relates t gvernment educatinal plicy utside the respnsibility/management f the schl a schl requests assistance t reslve a parent cmplaint the subject f the cmplaint is the principal f a schl. Parents must be advised f the cmplaints prcess that is fllwed by the regin (see belw). The advice must include the fllwing: the regin s rle des nt include sanctining a schl the parent is able t take their cncerns abut hw their cmplaint is being handled t the Victrian Ombudsman. Actins t be taken fllwing the receipt f a cmplaint Fllwing receipt f a parent cmplaint, the reginal directr (r delegate) will: acknwledge receipt f a written cmplaint as sn as pssible, ensuring the parent is aware f the cmplaint-handling prcedures the regin may use t respnd t the cmplaint assess the cmplaint, which can result in the regin undertaking ne r mre f the fllwing prcesses t help reslve it: allw mre time fr reslutin at the schl prvide assistance t reach a reslutin thrugh reginal supprt undertake a reginal review arrange fr an independent investigatin where necessary, seek advice frm apprpriate units within the Department and/r external agencies t determine hw a cmplaint shuld be reviewed and whether ther avenues f appeal/redress already exist (this may include seeking specialist r technical advice frm external agencies and/r the Department t supprt the schl in addressing the parent s cncerns r t infrm the regin s decisin making where a cmplaint invlves a student with a specialist area f need) infrm the principal f the receipt f the cmplaint and prvide an pprtunity fr the principal t respnd t the issues raised advise the parent, as sn as pssible after receiving the cmplaint, hw the cmplaint will be addressed advise the parent f any delays that may ccur in the regin s ability t respnd within the set timeframe where it is cnsidered by regin t be apprpriate prvide the parent with an pprtunity t respnd t the principal s respnse t the matters raised prir t making a decisin abut the cmplaint where necessary, actively supprt parents with special needs in the cmplaint prcess by prviding apprpriate supprt prvide the parent and the principal f the schl with the results f the regin s cnsidered view f the cmplaint (The parent shuld als be advised they are able t take the matter t the Deputy Secretary, Reginal Services Grup, if they believe a fair and just prcess has nt been fllwed t address the cmplaint by the schl and/r the regin.) keep a recrd f each cmplaint and its utcme n an agreed Department database. (The parent shuld be advised that a recrd is being maintained.) Department f Educatin and Training 12

15 Prcesses t help reslve a cmplaint Allw mre time fr reslutin at the schl An pprtunity fr the cmplaint t be reslved at the schl will ccur when: the issues haven t been raised with the schl the schl is cntinuing t address the issues in the cmplaint the issues raised are the respnsibility f the schl (e.g. schl unifrm) the issues raised are cnsidered t be able t be reslved at the schl level. Prvide reginal supprt Reginal supprt t assist in the reslutin f a cmplaint will ccur when: supprt is requested by the principal and/r the parent it is evident that there is a disruptin t the learning prgram f the student invlved in the cmplaint, including nn-attendance at schl the reginal directr (r delegate) is f the belief the matter can be reslved with the supprt f the regin. Undertake a reginal review A parent cmplaint will be reviewed by a staff member f the regin when: it is unclear if the schl has parent cmplaint-handling prcedures that are cmpliant with Department plicy it appears that the schl has nt fllwed parent cmplaint-handling prcedures the schl and the parent were unable t reslve the cmplaint in a way that was apprpriate and fair and cnsistent with Department plicy and guidelines. Reviews will identify: the issues in the cmplaint that will be part f the review pprtunities fr the parent and the principal t discuss their pint f view with the reviewer what dcuments will be requested (e.g. schl s recrd f the cmplaint) timelines (usually 25 schl days) any ther activities assciated with the review (e.g. seeking advice frm external agencies and/r ther areas f the Department). The parent must be infrmed abut the scpe and timing f the review. All reviews will: prvide the schl principal with a cpy f the cmplaint r a summary f the issues being raised in the cmplaint prvide pprtunities fr the schl t explain the prcess fllwed when the schl addressed the cmplaint and hw the decisin, prvided t the parent, was reached (The reviewer, reginal directr (r delegate) may ask the schl t prvide a respnse in writing.) prvide an pprtunity fr the parent t clarify and respnd t the matters they have raised and t cmment n the schl s respnse t the cmplaint when the issues raised in the cmplaint are abut the principal, prvide the principal with the issues raised and give 10 schl days fr the principal t respnd t the reviewer in writing nce the review has been cmpleted, prvide recmmendatins fr the reginal directr (r delegate) t cnsider, in rder t reslve the cmplaint write a respnse t the parent. Department f Educatin and Training 13

16 Arrange fr an independent investigatin A parent cmplaint will be referred t an independent investigatr by the reginal directr (r delegate) after cnsidering the fllwing questins. Is the cmplaint cmplex? Is there a difference f pinin abut the facts in relatin t the cmplaint? Are the issues raised by the parent serius and/r d they appear t be in breach f Department plicy and guidelines? D the issues raised in the cmplaint cncern the ability f a child t participate fully in their educatinal prgram? Des the cmplaint indicate the existence f a systemic prblem? Is there a mre apprpriate mechanism fr dealing with the cmplaint? An independent investigatin will: have established terms f reference develped by the reginal directr (r delegate) have an investigatin plan that defines the subject f the investigatin cmply with relevant privacy laws and maintain cnfidentiality prvide prcedural fairness gather evidence, including ral, dcumentary and expert (technical advice) evidence prvide an investigatin reprt t the reginal directr, which will include a summary f the investigatin, its findings and recmmendatins (if applicable). At the cnclusin f an independent investigatin, the reginal directr (r delegate) will cnsider the infrmatin prvided in the investigatin reprt t determine the utcme f the cmplaint. The utcme will be prvided t the parent and the schl principal and t any thers deemed t require a respnse because f their invlvement in the cmplaint. During the investigatin, a reginal cntact will be available t respnd t questins frm the parent and keep everyne invlved in the cmplaint infrmed abut its prgress. The Department will emply, under cntract, an investigatr fr a specific cmplaint wh has: n assciatin with the parent r the schl staff n knwledge f the cmplaint the skills t undertake an investigatin a brad knwledge f schls. Every effrt shuld be made t ensure that there is n actual r perceived cnflict f interest in the selectin and appintment f an independent investigatr. Fr infrmatin abut investigating cmplaints, see: the Victrian Ombudsman s guide: Cmplaints: Gd Practice Guide fr Public Sectr Agencies Pssible utcmes f a parent raising a cmplaint with the regin The cmplaint is justified and advice is prvided t the schl fr actin. This culd include: an aplgy r expressin f regret a change f decisin a change f plicy, prcedure r practice a refund f parent payments the prvisin f cunselling r ther supprt. Department f Educatin and Training 14

17 The cmplaint is nt justified the decisin f the schl is cnfirmed. This culd include an explanatin f hw the decisin is cnsistent with schl plicy that the decisin taken is realistic and is supprted by an external agency that specialises in the area under cnsideratin Department plicy and guidelines supprt the decisin. Please nte that sme utcmes are nt pssible: It is nt the rle f the regin t sanctin r punish a schl and this is nt a pssible utcme f a cmplaint. Due t the Department s bligatins under privacy laws, it is nt apprpriate fr the Department t disclse details f disciplinary prceedings relating t its emplyees. Fr this reasn, it may nt be lawfully pssible fr the Department t infrm a cmplainant f any specific actin that has been taken in relatin t individuals abut whm parents have raised cmplaints. Rle f the central ffice The central ffice f the Reginal Services Grup is respnsible fr: reviewing and develping the parent cmplaint plicy n behalf f the Department ensuring infrmatin cncerning parent cmplaints is readily available fr parents, schls and regin persnnel ensuring training in relatin t parent cmplaints is available t regin and schl persnnel prviding advice t parents wh have an issue they wish t raise with their schl ensuring that cmplaints that are received by the Minister s Office, the Secretary f the Department, r the Deputy Secretary, Reginal Services Grup, are referred t the apprpriate area fr review and respnse in accrdance with the Department s plicies and prcesses (Principals will be ntified that a cmplaint has been received.) prviding advice and supprt t schls and the regin in regard t their cmplainthandling prcesses. The central ffice has respnsibility t respnd t parent cmplaints when the parent believes that the: schl and the regin have nt respnded t their cmplaint in a fair, effective and timely manner respnse by the schl and the regin t their cmplaint is unsatisfactry. When determining hw t address a cmplaint the Deputy Secretary (r delegate) f the Reginal Services Grup will acknwledge receipt f written cmplaints and assess them, resulting in ne f the fllwing decisins: Allw mre time fr reslutin at the regin r schl level Refer the cmplaint t Schl Operatins and Gvernance Unit, Reginal Services Grup fr a prcess review The central ffice des nt need t respnd when there is pprtunity fr the cmplaint t be reslved at the regin r schl level because: the issues haven t been raised with the schl r regin the schl and regin are cntinuing t address the issues in the cmplaint the issues raised are the respnsibility f the schl (e.g. schl unifrm) the issues raised shuld be able t be reslved at the schl level. Department f Educatin and Training 15

18 Prcess review by the Schl Operatins and Gvernance Unit When undertaking a prcess review, the Schl Operatins and Gvernance Unit, Reginal Services Grup will: review the steps taken by the schl and the regin t reslve the cmplaint ensuring they have been fair, timely and they cmply with the principles f natural justice and the Department s regulatry framewrk prvide a respnse t all parties invlved (parent, regin, schl) explaining the findings f the review refer the cmplaint back t the regin fr further cnsideratin and actin where the prcesses used by the regin t reslve the cmplaint were deemed t be inapprpriate fr the cmplexity f the issues raised (When this ccurs the parent will be advised that the matter is underging further cnsideratin by the regin and the regin will cntact them shrtly t explain the additinal steps they are taking t reslve the cmplaint, including a revised timeline.) advise the parent, where the prcesses used t reslve the cmplaint are deemed t be apprpriate, that the Department believes the matter has been given fair cnsideratin and the matter is, frm the Department s perspective, finalised. The parent may seek advice frm an external agency such as the Victrian Ombudsman. Pssible utcmes f a parent raising a cmplaint with the central ffice The cmplaint has been investigated fully by the schl and the regin and the prpsed reslutin is endrsed. The cmplaint has nt been investigated fully by the regin and/r the schl and will be referred back t the regin and/r the schl fr further cnsideratin. Related legislatin All cncerns and cmplaints must be addressed in line with the Department s legislative and regulatry framewrk which includes: Educatin and Training Refrm Act 2006 Educatin and Training Refrm Regulatins 2007 Charter f Human Rights and Respnsibilities Act 2006 Prtected Disclsure Act 2012 Privacy and Data Prtectin Act 2014 Equal Opprtunity Act 2010 Wrngs Act 1958 Department f Educatin and Training 16

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