Malicious complaints and OFSTED.

[nurseryowner]

OK. The story so far...

We have a nursery assistant who has been working for us for 3 months. She came across well at interview, references etc.

Our problem is that she clashes with the room leader. She doesn't like taking direction and doesn't seem to understand that the room leader, as one of the qualified and experienced staff in the room, knows what she is talking about. We have talked to the assistant and said that, if she feels she has a genuine grievance, must tell us so that we can investigate etc. She won't put anything in writing as she "doesn't want to cause trouble". The room supervisor is very good. I work in the under-twos from time to time and, as I am around the nursery everyday, make a lot of 'surprise visits' to the room. Our other parents are very happy with her care.

This assistant has English as a second language and, two months ago, a child with the same first language as joined the nursery. The assistant and the mum, as far as we know, didn't know each other before but obviously have 'clicked' as I've seen them chatting about obviously non child-related things during drop-off and pick-up.

We have now had a complaint from the mother, initially via the father who claimed that the room supervisor was alone in the room when the mum picked up at 5.30pm and was changing his son's nappy "roughly and was shouting at my son."

We asked him to put this in writing and, two days later during which time they continued to bring their child to nursery, a written complaint arrived but this time there was no mention of a nappy change but now mentioned a 'push' by the room supervisor.

We have investigated this by conducting surprise ( ie. before they caught wind of a complaint)interviews with the staff on duty.

One of the nursery nurses clearly remembers the afternoon/evening in question as she was looking after the little boy and giving him a drink and a banana when the mum arrived to pick him up. In addition, the little boy's nappy was changed at 3.30pm by her ( not 'roughly' at 5.30pm by the room supervisor as alleged). She commented that the mum swept in, picked her son up and ignored the room supervisor when she tried to hand over/give her his daily sheet. The nursery nurse commented that she thought the mum had been very rude to the room supervisor by ignoring her. Must add that the nursery nurse ( who was caring for the little boy) and the room supervisor are not best buddies, not enemies (IYSWIM) just colleagues - so I know there isn't any hint of her 'covering' for the room supervisor.

Since this happened the nursery assistant won't make eye contact with me. We have followed up the complaint and have put our findings in writing to the parents. ie. There is no case for the room supervisor to answer.

My gut feeling is that the nursery assistant has put the mum up to this. Part of the written complaint said " I am sure this is her everyday behaviour. She must not work in your nursery. You must sack her." We have already decided that the assistant has failed her probation as I would bet my house on the fact that she has engineered this complaint. She is within her probation period and we would pay her notice to leave immediately.

How do I deal with this wrt OFSTED? Do I really have to report an unfounded and malicious complaint? This will then go on our next report.

I don't know but I am sorry for you.

Thanks.

If we report this as a complaint, the most OFSTED will do is put 'alleged' before the 'incident'.

Feeling very for you - Don't you find sometimes that staff are a real headache - can be harder to deal with than the children.

Be very careful when sacking nursery assistant - we were nearly taken to court by someone that we had sacked - in her probation period as she claimed we were sacking her because she was pregnant.

Do you have legal help with nursery insurance that you can contact for advice or even EY advisors from council? Or are you members of NDNA - they are very good for advice regarding these matters.

We have had similar complaint from a parent a long time ago who wanted out of the notice period ( were starting another nursery) - told us he had to leave straight away as when he arrived to collect child another child had had an accident and was bleeding profusely from mouth - couldnt possibly leave his child in our care etc. felt it was unfair to pay our notice period following this. It is very hard to know what to do for the best.

How did the parents take the outcome?

I take it you have a complaints procedure and book to record complaints in - Ofsted will obviously ask at your next inspection anyway. Sometimes it is easier to come clean and speak to Ofsted than let them hear about if through malicious (sp?) staff or parents.

Out of interest did you tell the room leader about the accusation - only asking because of recent outcome of ofsted inspection - disagree with how Ofsted have told us to deal with accusations against staff!!

Really feel for you as a nursery manager i can understand your stress. If the complaint is unfounded i was sure that Ofsted now doesn't include it, however it would be difficult to prove i guess.

I am a nursery proprietor/manager.
I had someone on a trial period who was rubbish. She kept letting us down and had bizarre excuses why she kept not turning up.
I wrote everything down so when her trial period was over I told her that she did not meet my nursery's high standards and listed all the complaints.

put your complaint in your file for ofsted to see at the next inspection with what you did about it. if the child is still coming to nursery then the parents obviously do not think there is a problem otherwise they would remove child.