Assessing and Responding to Concerns and Complaints
At St Joseph's School, we act to understand and resolve concerns and complaints in a timely, respectful, and fair manner. We use the procedures below to assess matters brought to our attention and decide what response is appropriate according to the nature and seriousness of the concern or complaint, and who is involved. For serious concerns (e.g. physical or sexual violence), we may need to involve external agencies such as the Ministry of Education, police, or Oranga Tamariki. Our decision-making complies with legislation, regulations, employment agreements, and school policies.
Receiving a concern or complaint
As anyone at the school may receive a concern or complaint, all staff are informed about our Concerns and Complaints Policy and associated procedures.
- The person who receives a verbal or written concern or complaint may refer it to another staff member and/or escalate it to a more senior staff member, the principal, and/or the board. Serious and sensitive matters (e.g. misconduct, safety concerns) are immediately escalated to the principal and/or board as appropriate.
- If a concern or complaint is raised verbally, the person who receives the information may make a written record. We may also request that the matter be put in writing if it cannot be resolved at the time through discussion.
- If a concern or complaint is received in writing, the school acknowledges that it has been received.
When we receive a concern or complaint we:
- determine roles and responsibilities, including:
- who will oversee the school response
- who will contact those involved
- who the decision-makers will be and the level of
board involvementThe level of board involvement depends on the nature of the complaint and existing delegations. If the matter is potentially serious or sensitive (e.g. it may lead to a formal investigation and/or disciplinary action against a staff member), it may be referred to the board for consideration during public-excluded parts of the board meeting (also known as "in committee"). In such situations, the board may resolve to delegate a decision about the outcome of the matter to the principal, a board member, or board committee.
- how to manage a conflict of interest (including identifying anyone with a conflict and excluding them from any investigation or decision-making process)
- if external agencies need to be consulted or informed (e.g. legal advisors, insurance provider, NZSBA, WorkSafe, Employment Mediation Services, Oranga Tamariki, police)
- seek information from the person who raised the concern or complaint
- seek information from others, including any person who is the subject of a concern or complaint
- consider if the matter needs to be managed alongside other school policies (e.g. finance, health and safety, employment, behaviour)
- take cultural considerations into account (e.g. tikanga and kawa).
The school notifies the person who raised the concern or complaint about how we plan to manage it and takes steps to resolve the matter. Due to privacy and confidentiality requirements, there are likely to be restrictions on the information the school can share.
St Joseph's School considers all reasonable and legitimate concerns and complaints in good faith. However, in some circumstances the principal and/or board may determine that it is inappropriate to take any further action. In these circumstances, this is communicated to the person who raised the concern or complaint. If required, the school may seek legal advice or involve an external agency or mediator to help resolve the matter.
The principal and/or board may determine it is inappropriate to take action when:
- the concern or complaint:
- lacks substance or evidence (e.g. trivial or frivolous)
- has previously been dealt with
- aims to harass, harm, or intentionally disrupt or divert resources (i.e. vexatious)
- is anonymous
- the person raising the concern or complaint:
- continues to pursue a matter after it has been considered and deemed resolved by the school
- makes unreasonable demands
- is uncooperative (e.g. refuses to define the matter)
- fails to provide evidence or provides excessive/irrelevant information
- displays aggressive, threatening, or manipulative behaviour
- fails to follow school policies and procedures.
Managing the concern or complaint
We manage the matter according to the nature and seriousness of the concern or complaint. For how we manage the matter according to who is involved, click on the headings in the bullet points below.
Matters involving students
To manage a concern or complaint involving students, we may:
- meet with students to discuss the matter
- mediate between students
- contact and meet with parents/guardians and caregivers
- manage the matter through other appropriate policies, such as:
- take another action that is appropriate in the circumstances
- decide to take no further action.
If it is necessary and there are reasonable grounds, we follow our policy for Stand-down, Suspension, and Exclusion.
Matters involving staff
We observe relevant employment agreement provisions for dealing with concerns or complaints about staff members (including the principal), including protecting their dignity and mana, advising them of their right to seek support and representation, advising them in writing of the specific matter(s) causing concern, and giving them a reasonable opportunity to provide an explanation.
If our initial assessment of a concern or complaint involving a staff member determines that a formal investigation is necessary (or likely to be necessary), we may consult with NZSBA and/or seek legal advice. We investigate the matter according to New Zealand employment guidelines – for example, see Investigations 
(Employment New Zealand).
To manage a concern or complaint involving staff (including the principal), we may:
- meet informally with the staff member involved
- arrange meetings with those involved to seek to resolve the matter (e.g. facilitated meetings, mediation)
- initiate a formal employment process and/or an appropriate level of investigation for a potential disciplinary or competency-based process
- manage the concern through other appropriate policies, such as:
- take another action that is appropriate in the circumstances
- decide to take no further action.
We comply with any reporting requirements, including mandatory Teaching Council reporting. See Conduct concerns (Teaching Council of Aotearoa New Zealand).
Matters involving board members
To manage a concern or complaint involving board members, the person managing the concern or complaint may:
- discuss the concern with the board member
- reinforce mandatory code of conduct requirements – see Board Responsibilities
- apply sanctions, including:
- censuring a board member by board resolution and recording this in the board minutes
- requesting in writing that the Minister of Education remove them from the board for significant or persistent breaches of the code
- take another action that is appropriate in the circumstances
- decide not to take any further action.
See If a board member fails to comply with the code (Ministry of Education).
These sanctions don't apply to the principal. Matters involving the principal are managed through our procedures for matters involving staff.
Matters involving other members of the school community
To manage a concern or complaint involving members of the school community, we may:
- meet with the person who raised the matter
- arrange a meeting or mediation (this may be facilitated by a third party)
- reinforce community conduct expectations – see School Community Conduct Expectations
- notify the person who is the subject of the concern or complaint of any actions required to resolve the matter, and the possible outcomes of not completing these
- manage the concern through other appropriate policies (e.g. Smokefree and Vapefree)
- issue a trespass notice – see Trespasser or Attacker on School Grounds
- seek a restraining order
- take another action that is appropriate in the circumstances
- decide not to take any further action.
In some instances, it may be appropriate to refer behaviour to a third party for resolution (e.g. if unacceptable behaviour occurs at a sports event or sports venue, then it may be appropriate to involve the governing body of that sport, event, or venue).
Sensitive claims
Sensitive claims relate to mistreatment, neglect, or physical, sexual, or psychological abuse.
All sensitive claims raised with the school are managed by the board, who may need to refer the matter to the police or other agencies, consult NZSBA, and/or seek legal advice as needed.
We seek to minimise further harm to those raising sensitive claims, and encourage claimants to involve a support person.
To manage a sensitive claim, the board (or its delegated committee) may:
- refer the person who raised the claim to the National Office for Professional Standards and follow their guidance
- request further information from the person who raised the claim (e.g. names of people involved, dates and location of events)
- refer the person to the police or another appropriate agency
- review and collate relevant information held at the school and request information from Ministry records (if relevant)
- engage an independent assessor (e.g. to conduct interviews or an investigation)
- consider whether a mandatory report to the Teaching Council is required
- take another action that is appropriate in the circumstances.
The school establishes how the person who raised the claim would like it to be addressed by the school. We ask for consent before sharing information with external agencies if required as part of any investigation. At the conclusion of any investigation, the board decides on any actions in consultation with the person who made the claim (e.g. an apology). As part of any investigation into a sensitive claim, we consider how we can prevent further harm from occurring at our school.
Other matters
To resolve matters that do not fit into the above categories (e.g. a concern about our school procedures or someone who is not part of our school community), we may:
- meet with the person who raised the concern or complaint
- notify the person/organisation that is the subject of a concern or complaint (e.g. another school, a contractor or external provider)
- investigate the matter
- take any other appropriate action relevant to the circumstances, at the sole discretion of the school
- decide to take no further action.
Closing the concern or complaint
After assessing and responding to the matter, we consider the concern or complaint closed. Subject to privacy, confidentiality, and other considerations, it may or may not be possible or appropriate for the school to advise the person who raised a concern or complaint of the actions taken to address the matter, but they will be notified when the matter is closed. The school implements any follow-up actions, including updating policies and procedures to prevent further matters of the same kind.
If a person feels their concern or complaint has not been resolved after receiving a response, they may escalate the matter to the principal or board. After the board has dealt with a matter there is no further avenue for consideration of the matter at the school. Individuals can consider contacting an external agency (e.g. Ministry of Education, Teaching Council, Privacy Commissioner, Ombudsman, or Human Rights Commission). Staff may also wish to consider whether they have grounds to raise a personal grievance. See Personal Grievance.
Related policies
Legislation
- Employment Relations Act 2000
- Health and Safety at Work Act 2015
- Teaching Council Rules 2016
- Privacy Act 2020
- Education (School Boards) Regulations 2020
Resources
Hei mihi | Acknowledgement
SchoolDocs appreciates the professional advice of the Anderson Lloyd legal team (Dunedin) in reviewing our Concerns and Complaints policy and procedures.
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: Term 1 2025, Term 2 2024
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