Who can complain?

Any person (other than the employer or agent) can make a complaint about a registered teacher.

What can the complaint be about?

A complaint must relate to an allegation of unacceptable professional conduct:

‘Unacceptable professional conduct’ means conduct which falls short of the standard expected of a registered teacher within the meaning of paragraph 8(1) of Schedule 2 to the Teaching and Higher Education Act 1998.

Is there anything I need to do first before I complain?

Yes. In order for the Council to consider your complaint, you must first report it to the current or previous employer or agent of the registered teacher concerned. This includes the school (Governing Body), Local Education Authority or teaching agency.

If/when you make a complaint to the Council, you must therefore provide with it evidence to show:

1. you have reported it to the employer or agent; and
2. the outcome of the employer or agent’s consideration of it.

The remit of the Council to consider complaints

Before you make a complaint to the Council, you should take note of what the Council can and cannot consider.

The Council is not:

1. a general complaints body;
2. grievance body; or
3. appeals body.

The Council cannot consider a complaint which:

1. makes an allegation against an unregistered teacher;
2. makes allegations of serious professional incompetence;
3. relates to the health of a registered teacher;
4. involves the harm, or the risk of harm to children or vulnerable adults (cases which involve the harm, or risk of harm to children or vulnerable adults are considered by the Independent Safeguarding Authority (ISA));
5. is anonymous;
6. raises a grievance against individuals, schools (Governing Bodies), Local Education Authorities, Examinations Bodies, Councils or Government;
7. makes a request for the release of documentation a particular body is withholding/has withheld;
8. seeks some form of compensatory payment;
9. seeks redress by way of a formal apology from the registered teacher concerned.

How do I make a complaint?

If, having considered the remit of the Council, you still wish to make a complaint, please do so as follows.

You must:

1. summarise your complaint on page 3 of the Council’s complaint form. Bullet points are preferable. If the form is not completed, it will be returned to you.
   
   You may attach additional sheets to the complaint form if you wish as a continuance of your summary. If you make further allegations in other documents, these will not be taken into consideration; and
2. provide a chronology of the events leading up to and including your complaint; and
3. aim to submit as much written evidence as possible to substantiate your complaint. This might include witness statements written by individuals who were witnesses to events, minutes of meetings, reports, memos, diary entries and so on. Please do so with the consent of the individuals concerned.

Any complaint which does not adhere to these requirements will be returned to you.

How the Council will deal with a complaint

The Council’s Disciplinary Procedures and Rules, Rule 12, sets out the procedures the Council will follow where it receives a complaint alleging the unacceptable professional conduct of a registered teacher.

On receipt of a complaint, the duly authorised officer of the Council will consider whether or not the complaint is capable of amounting to an allegation.

1. If so, the duly authorised officer may conclude that the case should be investigated.
2. If not, the duly authorised officer may conclude that the case should not be investigated.

If the duly authorised officer concludes that the complaint should be investigated, he or she will make enquiries with the registered teacher’s current or previous employer or agent.

1. If the employer or agent reports that the registered teacher has been dismissed, has resigned, terminated an agency contract or other, the duly authorised officer will make arrangements for the complaint to be investigated by an Investigating Committee of the Council.
2. If the employer or agent fails to reply, or reports that it does not intend to investigate the complaint; or, having investigated the complaint, it was found to be groundless; or, having investigated the complaint, the teacher was subject to disciplinary action falling short of dismissal, the complaint will be considered by an Investigating Committee of the Council to determine whether it is capable of amounting to an allegation and would wish to investigate the complaint, or is content that the registered teacher be informed that the Council does not propose to investigate the complaint.

You should be aware that if the Council decides a complaint can proceed, the registered teacher against whom the complaint has been made will be provided with the complaint itself, and all documentary evidence attached to it.

The Council will inform you in writing of any decision reached regarding your complaint.