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33. The standard about the manner in which complaints are handled is met if the proprietor ensures that a complaints procedure is drawn up and effectively implemented which deals with the handling of complaints from parents of pupils and which—
(a)is in writing;
(b)is made available to parents of pupils;
(c)sets out clear time scales for the management of a complaint;
(d)allows for a complaint to be made and considered initially on an informal basis;
(e)where the parent is not satisfied with the response to the complaint made in accordance with sub-paragraph (d), establishes a formal procedure for the complaint to be made in writing;
(f)where the parent is not satisfied with the response to the complaint made in accordance with sub-paragraph (e), makes provision for a hearing before a panel appointed by or on behalf of the proprietor and consisting of at least three people who were not directly involved in the matters detailed in the complaint;
(g)ensures that, where there is a panel hearing of a complaint, one panel member is independent of the management and running of the school;
(h)allows for a parent to attend and be accompanied at a panel hearing if they wish;
(i)provides for the panel to make findings and recommendations and stipulates that a copy of those findings and recommendations is—
(i)provided to the complainant and, where relevant, the person complained about; and
(ii)available for inspection on the school premises by the proprietor and the head teacher;
(j)provides for a written record to be kept of all complaints that are made in accordance with sub-paragraph (e) and—
(i)whether they are resolved following a formal procedure, or proceed to a panel hearing; and
(ii)action taken by the school as a result of those complaints (regardless of whether they are upheld); and
(k)provides that correspondence, statements and records relating to individual complaints are to be kept confidential except where the Secretary of State or a body conducting an inspection under section 109 of the 2008 Act requests access to them.
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