Resolving serious concerns about a Head Teacher's behaviour

[Mischance]

Just wondering if anyone has experience of going through the relevant processes in this situation. I am being asked for advice as a relative as I am also a school governor somewhere else.

This is a primary school. There are many issues which I will not list, but underlying it all is consistent unprofessional behaviours on the part of the head, many of which constitute safeguarding issues - e.g. breaking covid rules, unsafely supervised sea swimming, swearing and inappropriate talk in front of pupils.

The proper procedures have been followed but the governing body is batting their concerns aside.

I know what the procedures are, but just wondered if there is anyone out there who had actually had to pursue these and has any advice.

I'm also a school governor. My advice to your relative would be to follow the complaints procedure to the letter, and keep the complaint factual, not emotive (though its ok to include information about how the incidents made people feel). They should get someone (you?) to proof read and sense check it to make sure it is calm, rational and coherent - not ranty, malicious or specious. They should include information about what redress they are seeking, e.g. an apology, a change to a published policy/procedure, disciplinary action for the Head, or something else?

Some schools get a lot of malicious complaints, so their governors may become battle-worn - but don't let that put your relative off. If the school doesn't deal with it satisfactorily, the complainant can escalate it to a higher authority, e.g. the Trust (for an academy), the Local Authority or Ofsted.

If you want to DM me, I can probably help as I had to resolve a similar incident as a CoG. Your complaints procedure is not the only avenue.

@seebreem What constitutes a malicious complaint?

DocD, the formal term usually used in schools' complaints policies is "unreasonable" rather than malicious. However, complaints that have a malicious tone will not help the complainant to appear reasonable. A decent school complaints policy will define how unreasonable complaints are handled. Government guidance to schools is here: www.gov.uk/government/publications/school-complaints-procedures

@seebreem but who decides on the reasonableness? Surely if gov’s don’t want to deal with a complaint they can decide it is unreasonable and trigger whatever policy they have. But it might seem entirely reasonable to the person making it!

The governors decide.
If the complainant thinks their complaint hadn't been handled appropriately by governors the complainant can escalate it.

I take it you mean they have done these things at school (ie pupils swimming in safely) not that he/she swims/swears etc in their personal life?
just follow the procedure and any appeals process that is available.

If you read the guidance I linked to above you'll see that the DfE model procedures define unreasonable complainant behaviour as:

"...that which hinders our consideration of complaints because of the frequency or nature of the complainant’s contact with the school, such as, if the complainant:

• refuses to articulate their complaint or specify the grounds of a complaint or the outcomes sought by raising the complaint, despite offers of assistance

• refuses to co-operate with the complaints investigation process

• refuses to accept that certain issues are not within the scope of the complaints procedure

• insists on the complaint being dealt with in ways which are incompatible with the complaints procedure or with good practice

-introduces trivial or irrelevant information which they expect to be taken into account and commented on

• raises large numbers of detailed but unimportant questions, and insists they are fully answered, often immediately and to their own timescales makes unjustified complaints about staff who are trying to deal with the issues, and seeks to have them replacedc hanges the basis of the complaint as the investigation proceeds

• repeatedly makes the same complaint (despite previous investigations or responses concluding that the complaint is groundless or has been addressed)

• refuses to accept the findings of the investigation into that complaint where the school’s complaint procedure has been fully and properly implemented and completed including referral to the Department for Education

• seeks an unrealistic outcome

• makes excessive demands on school time by frequent, lengthy and complicated contact with staff regarding the complaint in person, in writing, by email and by telephone while the complaint is being dealt with

• uses threats to intimidate

• uses abusive, offensive or discriminatory language or violence

• knowingly provides falsified information

• publishes unacceptable information on social media or other public forums.

So its worth avoiding doing all of the above if you want to be taken seriously. 😁

@seebreem Thanks for that. What if the Gov's are unreliable - breaches of confidence, gossip, closely entwined with the head and not providing any evidence of a 'gentle challenge relationship' etc. Straight to LEA?

No. Always use the school's complaint procedure first. Stick to the letter of the procedures, and don't give the Governing Body any reason to put your complaint in the unreasonable category. Then, if its not dealt with properly, escalate it.

Just to add ... you can go directly to Ofsted but you would need to give them a very good reason why you haven't used your school's procedures. Your negative description of the governing body wouldn't be enough unless it was substantiated with clear evidence.