Early Learning Family Complaints Procedure

In this procedure, words in italic text are defined terms which have the specific meanings set out in Gowrie Victoria Policies and Procedures – Definitions and Abbreviations.

Purpose

The purpose of this procedure is to establish a framework for the timely resolution of complaints raised by families.

Scope

This procedure applies to all staff members, volunteers, students on placement and contractors/labour hire employees of Gowrie Victoria and to families with children at any of Gowrie Victoria’s services.

Procedure statement

Principles

Gowrie Victoria recognises that families could make complaints to Gowrie Victoria about a range of matters affecting their children or relating to people, procedures and processes at their service. When complaints arise, Gowrie Victoria will seek to resolve them thoroughly, fairly and in a timely manner.

If a family discusses a minor concern as part of the normal interactions between staff members and families, it does not need to be treated as a complaint and does not need to be documented.

How to make a complaint

A complaint can be made verbally or in writing.

Complaints about the education and care of children

Families must be encouraged to raise any concerns they have about a matter relating to the education and care of their children with the child’s educator or early years leader.

If families do not wish to raise the matter with their child’s educator or early years leader they can make a complaint to the early years manager or the assistant manager of their service instead.

Complaints about any other matter

Complaints about any other matters should be made to the early years manager or the assistant manager at a service.

Documenting the complaint

A staff member who is unsure whether a matters needs to be documented as a complaint should discuss it with their manager.

Even if it resolved immediately by discussion with the family, a staff member who receives a verbal complaint must:

• record it in writing using Gowrie Victoria’s complaints form
• ensure that a copy of the complaints form is given to the early years manager or the assistant manager

The early years manager or the assistant manager must log and file the complaint in the complaints register.

Reporting the complaint

The early years manager must report any complaint alleging that (National Law s174(2)):

• a serious incident has occurred or is occurring while a child was or is being educated and cared at a service; or
• that the national law has been contravened

to DET within 24 hours (National Regulations r176(2)).

The executive manager, early learning must be informed immediately if a complaint is reported to DET.

Resolving the complaint at the service

By discussion

If possible, families and the relevant staff members should try to resolve the complaint through discussion as soon as possible after the complaint is made. If a separate meeting is required as part of this process, that should be arranged by the staff members involved.

Families and staff members should be aware that discussions in a public area of the service may not be in the best interests of children and may breach a person’s privacy. Meetings should be held in a private space.

If a complaint can be resolved by discussion, the agreed outcome should be:

• confirmed with the family at the end of the discussion, if necessary in writing
• added to the complaint form and logged in the complaints register

By formal meeting

If a complaint cannot be resolved by the family and the staff member concerned, then the family can ask for the matter to be discussed as a formal meeting with the early years manager.

Before the meeting, the early years manager should:

• ensure that the full extent of the complaint is understood
• carry out or arrange for a detailed investigation of the matters raised in the complaint
• assess whether another staff member should also be at the meeting

The formal meeting should take place as soon as possible after the investigation is completed.

If the matter can be resolved at a formal meeting then the agreed resolution should be:

• communicated to the family in writing
• included in the complaints register

Escalating the complaint to the Executive Manager, Early Learning

If a complaint remains unresolved even after a formal meeting with the early years manager then the early years manager will inform the executive manager, early learning about the complaint.

The family may also raise the matter directly with the executive manager, early learning if they believe their complaint is still not satisfactorily resolved.

The executive manager, early learning will:

• obtain full details of all discussions with the family and all investigations carried out (including any documentation relating to the complaint)
• contact the family and try to resolve the complaint in the most expedient way

The outcome of these discussions with the family, including either the resolution agreed or, if agreement is not reached, the action which Gowrie Victoria takes in relation to the complaint, should be recorded in writing and sent to the family. A copy of this record should be included in the complaints register.

Standards for handling complaints

Timeframes

Early years managers and their assistant managers must ensure that:

• unless a written complaint can be resolved immediately, families receive a written acknowledgement of their complaint with one working day of it being received
• whilst complaints are being investigated within Gowrie Victoria, families receive a written update on progress no less frequently than every week
• families receive written confirmation of the agreed outcome of a complaint within one working day of resolution

Conduct

When dealing with complaints, all staff members must:

• actively listen to the person making the complaint so that they feel heard
• help families understand Gowrie Victoria’s complaints procedure
• provide families with reasonable assistance to lodge complaints
• treat everyone involved respectfully
• act impartially and objectively
• provide families with indicative times for addressing issues
• if indicated times cannot be met, inform families why extra time is required
• make sure that families understand their options to escalate their complaint

Records of complaints

The early years manager is responsible for ensuring that the complaints register is kept up to date, and that a full record of investigations, meetings, discussions and other relevant matters is kept for each complaint.

Confidentiality

As far as reasonably practical, all complaints, and the identity of persons who make them, must be treated as confidential. A complaint may be discussed with any staff members or other persons involved, but must not be discussed with any third parties without the permission of the person making the complaint.

Confidentiality does not prevent Gowrie Victoria reporting matters arising out of a complaint to regulators or other agencies if:

• this is required by law
• it is in the best interests of a child or children to do so

Both the complaints register and the files relating to each complaint are confidential. Access must be restricted the early years manager, the assistant manager, and executive managers.

External resolution

If a complaint cannot be resolved to a family’s satisfaction at the service, or if the family would prefer to make a complaint to an external person, they can make a complaint directly to the Department of Education and Training.

An authorised officer from the local regional office will assess how serious the complaint is and then take further action as required.

Any complaint that alleges a child’s health, safety or wellbeing has been compromised or there has been a contravention of the law will always investigated. An investigation can involve inspecting the service, questioning staff members, taking written statements, conducting formal interviews and taking evidence.

Complaints should be made to the relevant regional office of the Department of Education and Training. Requirements to display information about how to make a complaint

Information about how to make a complaint:

• must be displayed in the common entrance areas of all services (National Regulations r173(2)(b))
• be published on Gowrie Victoria’s website

Authorisation

Approved by the Executive Manager, Early Learning

Name	Nicole Pilsworth
Signature
Date	1 July 2020

Appendices

Appendix A: Complaint Procedure Display Notice for Services

Appendix B: Early Learning Complaints Form

Appendix C: Early Learning Complaints Register

Related Policies and Procedures

Appendix A: Complaint Procedure Display Notice for Services

The text of the notice below, customised as required, must be displayed so that it is clearly visible to anyone from the main entrance to the education and care service premises (National Law s172, National Regulations r173(2)(b)).

Complaints

Gowrie Victoria aims to provide a high quality service to all families.

If you are concerned about the education and care of your child, or about any matter relating to the operation of the centre, you should follow the process below to help resolve the situation:

Complaints about the education and care of children

1. In the first instance, you should raise any concerns you have relating to the education and care of your child with the child’s educator or early years leader.
2. If you do not want to raise the matter with your child’s educator or early years leader you can make a complaint directly to the Early Years Manager or the Assistant Manager instead.

Complaints about the operation of the centre

3. Complaints about centre operations should be made directly to the Early Years Manager or the Assistant Manager.

Complaints should be in writing

4. It will help us to deal with your complaint if it is made in writing. If you need assistance with this, either your child’s educator or early years leader will help you. The Early Years Manager, the Assistant Manager, or the Responsible Person present can also help you.

Confidentiality

5. As far as is reasonably practical, we will treat your identity and your complaint as confidential. If your complaint related to a staff member or other person, we may need to discuss the matter with them. We will not discuss your complaint with any third party without your permission unless your complaint raises concerns which we are required by law, or by our duty of care to children, to report to regulators or other agencies.

Resolving your complaint

6. We aim to resolve all complaints respectfully, impartially, objectively and transparently, and as quickly and efficiently as possible.
7. In the first instance, the person to whom you have made the complaint will meet with you to discuss matters and see if a quick resolution can be agreed.
8. If an initial meeting does not resolve your concerns, or if your complaint has been made directly to the Early Years Manager or the Assistant Manager, a meeting will be arranged with the Early Years Manager to discuss matters further. Before this meeting takes place, the Early Years Manager will investigate matters you have raised in your complaint.
9. If your complaint is not properly resolved after discussions with the Early Years Manager, we will escalate it to Nicole Pilsworth, Gowrie Victoria’s Executive Manager, Early Learning. You can also contact Nicole directly. Nicole will then try to resolve the complaint with you in the most expedient way. If agreement cannot be reached with you, you will be notified in writing of the action which we will take arising from your complaint.

External resolution – complaint to the Department of Education and Training

10. If your complaint relates to serious injury or trauma to a child, serious illness, any situation where your child could not be accounted for or where the emergency services had to attend, or a breach of the law, we must report your complaint to the Department of Education and Training. The Department may want to carry out their own investigations of your complaint.
11. You may also make your complaint directly to the Department at any time if you would prefer to do so or if you are not satisfied with any resolution put forward by Gowrie Victoria.

Contact details for complaints

The Early Years Manager is [name]. [His/Her] telephone number is [number].
The Assistant Manager is [name]. [His/Her] telephone number is [number].

The name of the Responsible Person is displayed on a separate notice.

The Department of Education and Training’s address is:

Department of Education and Training
[Postal address]

Tel [number]
Email [email address]

Appendix B: Early Learning Complaints Form

The complaints form should have the fields shown below. The design can be varied as required.

Complaint Form

Appendix C: Early Learning Complaints Register

The complaints register should have the fields shown below.

Complaint serial number

Date of complaint

Name of complainant

Reportable to DET (yes/no)

Subject matter(s) of complaint:

• staff conduct (yes/no)
• EL processes (yes/no)
• Fees and charges (yes/no)

Complaint resolved by:

• Educator/early years leader (yes/no)
• Early years manager/assistant manager (yes/no)
• Executive manager, early learning (yes/no)
• CEO (yes/no)
• Board (yes/no)

Complaint referred to DET (yes/no)

Did DET make investigations (yes/no)

Outcome of DET investigations

Complaint resolution

• To complainant’s satisfaction
• To Gowrie Victoria’s satisfaction