Whether it’s about the care provided, staff behaviour, or policies, it’s important to manage complaints professionally and legally. Handling these complaints properly can protect your nursery’s reputation and ensure compliance with regulations.
We’ve created guidance to the legal process you should follow if you receive a complaint from a parent.
1. Have a clear complaints policy
From the outset, it’s essential that your nursery has a written complaints policy in place. This policy should be provided to parents when they first enrol their child and made easily accessible, either in the parent handbook or on your website. The policy should:
- Explain how complaints can be made
- Set out the process for handling complaints, including timescales for responses
- Detail what steps will be taken to investigate the complaint
This is not just good practice, it’s a legal requirement. Under Ofsted regulations, all nurseries must have a complaints policy that parents can follow.
2. Acknowledge the complaint in writing
When a complaint is received, it’s important to acknowledge it in writing as soon as possible. This shows the parent that their concerns are being taken seriously. In your acknowledgment, outline the next steps and the timeline for investigating and resolving the issue. Make sure to follow any timelines laid out in your complaints policy, which is typically within 28 days.
3. Investigate the complaint thoroughly
Once a complaint has been acknowledged, the next step is to investigate it thoroughly. This may involve:
- Speaking to staff members involved
- Reviewing any relevant records, such as incident reports or attendance records
- Checking CCTV footage if available
Be sure to keep detailed notes of your investigation, as these may be needed if the complaint escalates. Investigating fairly and objectively is crucial to resolving the issue professionally.
4. Provide a written response
After completing your investigation, provide the parent with a written response. This should outline:
- The outcome of the investigation
- Any steps you’ve taken to address the issue
- Any changes or improvements that will be made moving forward
If the complaint is upheld, explain what you’re doing to ensure it doesn’t happen again. If the complaint is not upheld, offer a clear explanation backed by the findings of your investigation.
5. Offer a right to appeal
Your complaints policy should include a right to appeal if the parent is not satisfied with your response. This may involve a second review by a different member of your management team or an independent third party. Ensuring that parents feel heard throughout the process can help to prevent the situation from escalating.
6. Notify Ofsted if necessary
Some complaints may need to be reported to Ofsted, particularly if they relate to the safety or welfare of children. Ofsted requires that any serious complaints be reported within 14 days. Failing to notify Ofsted of a serious issue can lead to regulatory action against your nursery.
Examples of complaints that should be reported to Ofsted include:
- Allegations of abuse or neglect
- Health and safety breaches
- Failure to meet staffing ratios or other legal requirements
7. Keep detailed records
It’s essential to keep detailed records of every complaint, from the initial submission through to the resolution. These records should include:
- A copy of the complaint
- Notes from any meetings or investigations
- Copies of all written correspondence
- The final outcome and any actions taken
Not only is this good practice, but it’s also a legal requirement under the Early Years Foundation Stage (EYFS) framework, which mandates that nurseries keep a written record of all complaints and their outcomes.
8. Consider mediation or legal action
In rare cases, a complaint may not be resolved through your internal process. If a parent is still unhappy, they may choose to take the issue further, which could involve mediation or even legal action. In such cases, it’s advisable to seek legal advice to protect your nursery and ensure that all regulatory and legal procedures are followed.
Mediation can be a useful way to resolve disputes without going to court, offering both parties the chance to come to an agreement with the help of an independent third party.
Keeping informed
By following a clear, legally compliant process, you can resolve issues efficiently while protecting your nursery’s reputation. Remember to communicate openly with parents, follow your complaints policy, and seek legal advice if needed. Handling complaints properly helps build trust and ensures that your nursery continues to provide a high standard of care.
