Complaints Policy & Procedure

We hope you will not have cause to complain about any aspect of Whytebeams. However, should there be an occasion where this does arise, please seek advice from our complaint procedure below, which we follow promptly and courteously. Most concerns or complaints can be resolved through an open discussion and we encourage this in this first instance. Please feel free to speak to any member of staff, your child’s keyworker or the nursery management team. Staff at Whytebeams work closely with all of the children and know the group very well. Generally, staff will be able to support parents with any issues that may involve the care of the children. Staff will refer any issue they feel appropriate to the management team. Most matters can be resolved at this stage. Should you feel it appropriate you can bring your complaint to the nursery owners and directors, Kate Searle or Becca Robinson, who will be willing to help you. If we have been unable to resolve the matter through discussion, please put your complaint in writing by email to: info@whytebeams.co.uk 80 WHYTEBEAMS NURSERY In accordance with requirements, the nursery owners will record and investigate the complaint, notifying you of the outcome of the investigation within 28 days of receiving the complaint. All complaints will be recorded in the complaint book and updates made where necessary. A record of any complaints will be kept in accordance with data protection regulations. Making a complaint to OFSTED Ofsted’s role is to make sure that childcare providers are following all registration requirements and take action if necessary. Should you have any concerns of this nature you may contact them at enquiries@ofsted.gov.uk, tel: 0300 123 1231 or visit www.ofsted.gov.uk for more information. Whistleblowing Policy What is a whistleblower? You’re a whistleblower if you’re a worker and you report certain types of wrongdoing. This will usually be something you’ve seen at work - though not always. The wrongdoing you disclose must be in the public interest. This means it must affect others, for example the general public. As a whistleblower you’re protected by law - you should not be treated unfairly or lose your job because you ‘blow the whistle’. You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future. Who is protected by law? You’re protected if you’re a worker, for example you’re: an employee, such as a police officer, NHS employee, office worker, factory worker a trainee, such as a student nurse an agency worker a member of a Limited Liability Partnership (LLP) You can get independent advice if you’re not sure you’re protected, for example from Citizens’ Advice. A confidentiality clause or ‘gagging clause’ in a settlement agreement is not valid if you’re a whistleblower. Complaints that count as whistleblowing You’re protected by law if you report any of the following: a criminal offence, for example fraud someone’s health and safety is in danger risk or actual damage to the environment a miscarriage of justice the company is breaking the law, for example does not have the right insurance you believe someone is covering up wrongdoing Complaints that do not count as whistleblowing Personal grievances (for example bullying, harassment, discrimination) are not covered by whistleblowing law, unless your particular case is in the public interest. These should be reported 81 WHYTEBEAMS NURSERY under our grievance policy. You can also contact the Advisory, Conciliation and Arbitration Service (ACAS) for help and advice on resolving a workplace dispute. General Principals: Whytebeams Nursery is committed to the highest possible standards of openness, honesty and accountability. In line with that commitment, we encourage employees and others with serious concerns about any aspect of the settings, operations to come forward and voice those concerns. It is recognised that certain cases will have to proceed on a confidential basis. This policy makes it clear that employees can do something without fear of reprisals. It is intended that this policy will encourage and enable employees to raise serious concerns within the setting rather than overlooking a problem or having it playing on their mind. Staff have the right and individual responsibility to raise any matters of concern regarding poor practice at work. Staff are responsible for safety and well-being of all children attending the nursery above all else. This policy is intended to Encourage and enable individuals to raise genuine and legitimate concerns Support staff to take an active role in the elimination of poor practice Ensure concerns are appropriately investigated Protect those making the complaint from victimisation or retaliation In addition to this policy, we have other policies and procedures covering discipline, grievance and complaints. This policy is intended to complement these and to cover concerns that fall outside the scope of other procedures. The manager and proprietor will investigate promptly and thoroughly, all concerns that are raised in accordance with this policy and will take appropriate action. Confidentiality: The management team will do its best to protect a person’s identity when a concern is raised, however in some circumstances identities will have to be revealed to the person complained against and the complainant may be asked to provide written or verbal evidence in support of their complaint. If a person’s identity is to be disclosed, he or she will be told before the disclosure and the reasons why this is necessary. Once the concerns have been raised, we expect that the complainant will not talk about this to any other person inside or outside the setting. Anonymous Complaints: When a concern is expressed anonymously it is much less powerful and harder to investigate. However, they may still be considered and looked at. Untrue allegations: 82 WHYTEBEAMS NURSERY If an allegation is made in good faith but it is not confirmed by the investigation, no action will be taken against the complainant. If, however, an allegation proves to be malicious, action may be taken against the person responsible for the malicious act under our misconduct policy. PROCEDURE - How to raise a concern: In the first instance, concerns should be raised with the nursery manager or deputy. However, this may not always be appropriate, in which cases concerns should be raised with the Proprietors. Concerns are best raised in writing, included in this should be the background and history of the concern, giving names, dates, places where possible and the reason why you are particularly concerned. The earlier you express your concerns the easier it is to take action. If you do not wish to put the allegations in writing, the person to whom you are making the complaint will make a written record of the interview and will ask you to sign to confirm accuracy of the notes taken. Although you will not be expected to prove the truth of your allegations, you will be required to demonstrate that there are sufficient grounds for your concern. You should not: Investigate the matter yourself Alert those suspected of being involved Approach or accuse individuals Tell anyone other than the designated person’s i.e. manager and proprietor Within a week of the receipt of your concern, you will receive a written acknowledgement of your concern, with a copy of your statement where appropriate. The manager and proprietor will investigate your concern and within 2 weeks you will be informed of what action is being taken and you will be kept up to date on the progress of the investigation. You will also be informed of the outcome of any investigation. If your concerns cannot be expressed to the manager or proprietor then you can contact the LADO (Local Area Designated Officer) at: LADO Service Manager - Steve Hall : steve.hall@croydon.gov.uk Telephone: 020 8726 6000 Ext 24334 Mobile: 07825 830328 LADO - Jane Parr : jane.parr@croydon.gov.uk Telephone: 020 8726 6000 Ext 24817 Mobile: 07716 092630 Email: LADO@croydon.gov.uk If you are not satisfied with the outcome of the investigation, you may elevate your concerns directly to Ofsted on 0300 123 1231 for advice or 0300 123 4666 for complaints. You can take a case to an employment tribunal if you’ve been treated unfairly because you’ve blown the whistle. You can get further information from the Advisory, Conciliation and Arbitration Service (ACAS), Citizens’ Advice or the whistleblowing charity Protect. If you reported your concern anonymously, you may find it harder to argue that your unfair treatment was as a result of your whistleblowing. You must raise any claim of unfair dismissal within 3 months of your employment ending. You must notify ACAS if you want to take your case to an employment tribunal. 83 WHYTEBEAMS NURSERY Members of staff may contact Public Concern at Work at any stage for free, confidential advice, if they are unsure how to raise a concern. For more information on the law visit: www.pcaw.co.uk/law/uklegislation.htm