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 Parents' Factsheet

 

 

What to do if things go wrong at school

What do you do if you feel your rights have been ignored, a wrong decision taken, or your child is not being taught properly? Most difficulties can be sorted out informally and easily by you and the school. It is always best to talk to your child's teacher or head teacher about any problems as soon as they arise. Many schools have set procedures for dealing with parents' complaints if an informal discussion does not resolve the problem. For instance, you can usually appeal to the school's governing body.

Of course, it is not always possible to sort things out at the school. You can appeal to the local education authority if the disagreement relates to something that is the authority's responsibility, and you can make a formal complaint to the Secretary of State for Education and Employment, if you think you have grounds to do so.

But there are also local appeal procedures which mean that you can often have your side of the case heard by an independent committee or tribunal.

Committees which look at decisions on exclusions from school or cases where you have been refused a school place must include an independent member as well as people chosen by the local education authority or the school's governing body.

The following paragraphs describe some of the circumstances in which you can appeal, and how appeals work.

If you do not get the school place you want for your child

  • If the local education authority or the school's governing body does not offer your child a place at the school of your preference, they must inform you of your right of appeal, and how to use it.
  • If you are not satisfied with the way an appeal was handled, you can make a complaint to the Local Government Ombudsman in England. The address for each area is given at the end of this document. If the Ombudsman thinks that your complaint is justified, he or she will say what should be done to put matters right.
  • You also have the right to complain to the Secretary of State. If he believes that the school or local education authority has acted illegally or unreasonably, he may intervene. He cannot intervene simply because you disagree with the decision that was taken. If you wish to complain to the Secretary of State, but are not sure how to go about it, you could contact the School Admissions teams in the Department for Education and Employment. See the useful names and addresses section for this.
  • If you are not satisfied with the way the Department handles your complaint, you could contact your local MP, who can refer your complaint to the Parliamentary Commissioner for Administration at Church House, Great Smith Street, London, SW1P 3BW (Tel: 0171-276 3000).

If you disagree with decisions about your child's special educational needs

You can appeal to the Special Educational Needs Tribunal if:

  • the LEA refuse to make a statutory assessment of your child after you have asked them to;
  • the LEA refuse to make a statement for your child after an assessment;
  • you disagree with part 2, part 3, or part 4 of your child's statement, when that statement is first made or if it is changed later; or
  • your child already has a statement and the LEA refuse to assess your child again or change the name of the school in that statement; or the LEA decide to stop maintaining your child's statement.

The SEN Tribunal is an independent body that hears parents' appeals against LEA decisions on statutory assessments and statements. The Tribunal is based in London but, outside the South East, appeals will be heard locally. You can find out more about the Tribunal in a special booklet which is available from your Local Education Authority (LEA).

If your child is excluded (ie suspended or expelled) from school

The headteacher is responsible for discipline in the school. Sometimes, he or she will decide to exclude a child from a school, either for a fixed period or permanently. If this happens to your child, the headteacher must tell you why your child is being excluded and that you have a right:

  • to put your case to the governing body (or a committee of governors); and
  • in the case of permanent exclusion, to appeal to a special committee if the governing body or local education authority uphold the exclusion.

You can also complain to the Local Government Ombudsman in England, or to the Secretary of State, if the exclusion procedures are not followed properly.

If you believe your child has been give a grade in a public examination which does not do justice to his or her ability

  • You can ask the school/college to query your son or daughter's results with the examining board concerned. When all the examining board's appeals procedures have been exhausted, schools and colleges can appeal on your child's behalf to the Independent Appeals Authority for School Examinations. They can only do this if they believe that the examining board's procedures have not been followed or are at fault. The Appeals Authority cannot 'remark' the examination.
  • You also have the right to re-enter your son or daughter for any examination if the school declines. A re-entry fee will be payable.

Useful names and addresses

For further copies of this document:
The DfEE Publications Centre
PO Box 5000
Sudbury
Suffolk
CO10 6YJ

Tel: 0845 60 222 60

For general enquiries:

Department for Education and Employment
Sanctuary Buildings
Great Smith Street
Westminster
London SW1P 3BT
Switchboard: 0171-925 5000
Fax: 0171-925 6000
e-mail info@dfee.gov.uk

The Local Government Ombudsman can be contacted as follows:

Greater London, Kent, Surrey, East Sussex and West Sussex:
21 Queen Anne's Gate
London SW1H 9BU
0171-915 3210

East Midlands and the North of England:
Beverley House
17 Shipton Road
York YO3 6FZ
01904 663200 or 663269

East Anglia, the South, the South West, the West and Central England:
The Oaks
Westwood Way
Westwood Business Park
Coventry CV4 8JB
01203 695999

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