Handling Vexatious Complaints
on Nov 20 2024
Dealing with complaints is an inevitable part of working in education - it's a hard lesson to learn but one that is important to know early on - we simply cannot please everyone!
Occasionally, complaints may become vexatious - unreasonably persistent, excessive or lacking genuine grounds. While fortunately rare (although from our communication with school leaders, they are becoming more common), such complaints can place a significant strain on you and your team, diverting time and energy away from teaching and school improvement. Evidence from the latest Teacher Wellbeing Index from Education Support highlights that 56% of school leaders feel vexatious complaints have increased, with 70% of staff who have experienced an increase in challenging behaviour from parents and guardians sharing that their mental health and wellbeing is negatively affected.
Having had to navigate such complaints ourselves, we understand how vital it is to have a supported process in place for when they arise. Understanding how to manage vexatious complaints professionally and effectively is also crucial to maintaining a positive and supportive school environment for all involved.
What are vexatious complaints?
Most school leaders find that the vast majority of parental interactions are reasonable and constructive, even when addressing complex or sensitive issues. However, according to a report in The Leader by the Association of School and College Leaders (ASCL), complaints directed at Ofsted, local MPs and Local Authorities have significantly increased since the pandemic.
Many headteachers are all too familiar with the challenge of dealing with a determined and, at times, unreasonable complainant. These individuals often pursue their grievances through multiple avenues, including the local press and social media, while frequently submitting Freedom of Information (FOI) requests. Such complex disputes can demand an extraordinary amount of the school’s time, energy and resources, diverting focus from other essential priorities.
A vexatious complaint is one that:
- Is repetitious and lacks substantive new information;
- Contains unsubstantiated allegations or inflammatory language;
- Seeks to disrupt or harass rather than resolve a genuine issue;
- Often pursues unfounded complaints and/or unrealistic outcomes beyond all reason;
- Is made to cause disruption or annoyance.
These complaints may stem from misunderstandings, frustration or personal grievances. Recognising them early is key to handling them appropriately.
Unaddressed vexatious complaints can:
- Undermine staff morale and wellbeing;
- Consume valuable time and resources;
- Distract from core responsibilities and objectives.
Through implementing clear procedures, schools can address these complaints in a way that is both fair and efficient. It's important to remember that it's not vexatious to escalate a complaint up through all the tiers of a school’s complaints procedure] as parents have the right to do this. Similarly, they retain the right to make a fresh complaint after any process has concluded.
Good practice for managing complaints effectively
Effective and careful management of complaints in their early stages is key to resolving the vast majority of issues before they escalate. Below are some strategies to support best practices in complaint resolution.
1. Promote awareness of your complaints procedure
- Regularly remind parents and carers about your school or academy’s official complaints process and ensure they know who to contact.
- Proactively guide complainants to use this procedure rather than venting frustrations online, where effective resolution becomes more difficult.
2. Respond promptly to online grievances
- Assign a senior staff member to address identifiable grievances posted on your school’s social media platforms.
- Listen attentively to their concerns and seek to resolve issues swiftly. Over time, this approach builds trust, encouraging parents to reach out directly instead of posting anonymously online.
3. Resolve complaints informally when possible
- Address concerns informally and promptly to prevent escalation if a formal complaint has not yet been made.
- If an informal resolution isn’t successful, ensure complainants are directed to the school’s formal complaints procedure.
4. Follow procedures diligently for formal complaints
- Once a complaint is formalised, adhere strictly to the steps outlined in your complaints policy.
- Record every decision, action and outcome, ensuring documentation is thorough for future scrutiny if necessary.
5. Maintain timeliness and transparency
- Comply with all timelines and deadlines stipulated in your complaints policy and Freedom of Information (FOI) requirements.
- Communicate clearly with complainants throughout the process, managing their expectations and ensuring transparency.
6. Close the complaint properly
- Once all stages of the complaints process have been completed, governors should formally notify the complainant in writing that the matter is closed.
This checklist for managing complaints from parents and carers supports school leaders to review their processes in order to prevent complaints but also to manage legitimate complaints, including those that become vexatious, carefully.
How to determine when a complaint has become vexatious
Deciding that a complaint is vexatious or persistent requires careful consideration. Schools must ensure that every reasonable effort has been made to address the concerns before taking this step. Below are guidelines based on best practices and Department for Education (DfE) recommendations.
When does a complaint become vexatious?
A complaint may be deemed persistent or serial if the complainant:
- Attempts to re-open an issue that has already been addressed and resolved through the school’s complaints procedures;
- Continues to challenge the school’s response despite being provided with a clear position and explanation of next steps;
- Communicates in a manner that is abusive, aggressive or involves personal attacks or threats towards staff members;
- Shows intent to cause disruption through repeated contact or unreasonable demands.
Before making the decision
The DfE advises schools to take the following steps before formally determining that a complaint is vexatious:
1. Confirm efforts to address the issue:
- Ensure that every reasonable step has been taken to address the complainant’s concerns.
- Provide documentation of actions taken to resolve the issue, showing a genuine attempt to assist.
- Share a clear and final statement of the school’s stance on the matter, including why the complaint cannot be taken further.
- Outline any remaining options available to the complainant, if applicable.
3. Assess the nature of communication:
- Review whether the complainant’s interactions are focused on resolution or have become abusive, disruptive or harassing.
When can a complaint be closed?
The DfE suggests that schools have grounds to close the complaint if:
- All reasonable steps to resolve the issue have been exhausted.
- The complainant’s conduct towards staff is unacceptable.
- There is evidence of deliberate intent to disrupt the school’s normal operations.
Reopening the process for new issues
Even when a complaint is deemed vexatious, schools must re-engage with the complaints procedure if a new or unrelated issue is raised. This ensures fairness and maintains the school’s commitment to addressing genuine concerns.
Top tips for effectively managing a vexatious complaint
- Get the fundamentals right. Ensure your complaints policy is clear, comprehensive and easily accessible. Make sure it’s well-communicated and understood at all levels, from how an initial concern is raised through to resolution. A well-established process can help resolve many issues early on, preventing escalation. You may also find it helpful to set limits on communication frequency and response timelines to prevent staff burnout.
- Seek legal advice early. If you're unsure on how to respond to a complaint, seek advice from your Trust or LA's legal team at the earliest opportunity. However, be mindful of your service level agreement (SLA) with the legal team - additional advice beyond the agreed hours may incur significant charges.
- Understand the complainant’s expectations. Ask the complainant directly what actions they would like to see taken in order to consider the matter resolved. This simple approach can often lead to a mutually satisfactory resolution. Keep in mind that you are not obliged to accept unreasonable requests.
- Keep meticulous records. Accurate documentation of all correspondence and meetings is crucial, especially if the complaint is later escalated. A well-maintained evidence trail ensures transparency and can help clarify the rationale behind your decisions.
- Adhere to policy timelines. Make sure you follow the timelines and deadlines set out in your complaints policy. This helps maintain consistency and shows that you are handling the complaint in a timely manner.
- Handle Ofsted referrals with caution. Parents may threaten to escalate a complaint to Ofsted, but Ofsted generally expects parents to have first sought to resolve the issue with the school directly. Ensure you've addressed concerns thoroughly before this step is taken.
- Seek union support when necessary. If a complaint becomes personal or involves sensitive issues, consult with your union for guidance. They can provide support and help you navigate complex situations.
- Engage parents early. Invite parents to discuss the issue promptly to understand the root cause of their concerns. Sometimes, complaints stem from misunderstandings or unrelated issues, and early intervention can prevent the complaint from dragging on unnecessarily.
- Avoid group complaints. Group complaints are often more difficult to resolve and close formally. Most complaint procedures also do not allow parents to complain on behalf of other children, so it’s best to address individual concerns directly.
- Remain professional. Stay calm and avoid becoming defensive or emotional when addressing complaints, no matter how challenging. Stick to the facts and the process outlined in your complaints policy and do not engage with inflammatory remarks or unreasonable demands.
- Prioritise staff wellbeing. Equip staff with the skills to identify and handle vexatious complaints and ensure they have access to emotional and professional support when dealing with challenging situations. Promote a culture where it’s acceptable to step back and seek help when needed.
Headteachers and staff should be aware that complainants may sometimes record meetings without prior notice in an attempt to gather "evidence" to support their case. It is crucial to understand that any covert recording made without the explicit, informed and written consent of all participants cannot be used by either party in any form.
Schools should only consider allowing recording when absolutely necessary, such as in cases where a reasonable adjustment is required for individuals with a disability or additional needs. If this option is pursued, a thorough GDPR assessment must be carried out, and explicit, written consent from all parties involved is required.
If a school suspects that a meeting is being recorded covertly, or if a complainant presents secretly obtained recordings involving other staff or pupils, the meeting should be immediately terminated, and legal advice should be sought.
How can I get ahead of a complaint?
While some complaints seem to appear from nowhere, particularly if you deem the content to be incorrect or untrue, often we may be aware of rising issues long before they reach the stage of complaint.
One way to know how the parents and carers of the pupils in your school are feeling about the way in which things are handled, is to conduct an annual parent survey. You can adapt the survey questions to reflect any areas you wish to seek further information from.
Being a visible presence for parents and carers to ask you questions is another easy method when it comes to minimising potential complaints. For example, senior leaders standing on the welcome gate each morning or after school enables parents to come to them with any worries or concerns, which at that point, may just be minor or can be redirected. Addressing issues sooner rather than later is beneficial for everyone.
Remember, complaints often stem from a place of care and concern, even if it doesn’t feel that way in the moment.
Why did the parent complain about maths lesson?
Because they didn’t like the way the teacher was dividing their attention! 😄
