Complaints Procedure

A complaint can arise where a learner is dissatisfied with a service provided by Tes Institute or an interaction with Tes Institute. Learners have the right to make a complaint if they feel they have been unfairly treated or disadvantaged as a result of the service provided to them by Tes Institute or the actions and behaviour of a member of Tes Institute staff or anyone working on Tes Institute’s behalf or a fellow learner.

This Complaints Procedure applies to all learners on any Tes Institute programme and all former Tes Institute learners who were on a Tes Institute programme within the past month.

The following are not covered by this Procedure:

• academic appeals - handled separately under Tes Institute’s QTS Assessment and Quality Assurance Policy: https://www.tes.com/institute/qts-assessment-and-quality-assurance-policy
• matters relating to a learner’s employment contract with a school 
• complaints which arise solely from a dispute about fees owed to Tes Institute 
• issues raised out of time – timescales for the complaints process are set out in this Procedure 
• a complaint raised more than 1 month after the complainant was on a Tes Institute programme  
• a complaint which relates to a Tes service or product which is not provided by Tes Institute 
• anonymous complaints.

The following matters are also not normally considered under this Procedure and will instead be considered under the relevant policy or procedure:

• academic appeals relating to assessment decisions or academic outcomes;
• academic misconduct or academic integrity matters;
• admissions appeals or complaints regarding admissions decisions;
• fitness to practise matters;
• fitness to study matters;
• learner disciplinary matters.

For learners studying on UEL-validated programmes, such matters may be referred to and considered under the relevant UEL regulations and procedures.

If a learner is on placement in a school as part of their Tes Institute programme, and their complaint relates to an issue with their placement school, it may be appropriate to raise their concerns initially with the school rather than Tes Institute. If this course of action is not appropriate for whatever reason, the learner should raise their concerns directly with Tes Institute.

If a learner is on a PGCE, iPGCE or MA programme with Tes Institute, there may be circumstances where their complaint, or aspects of their complaint, fall under the policies of Tes Institute’s validating university partner, University of East London (UEL). The learner will be advised by Tes Institute if this is the case and directed to the appropriate UEL policy.

For learners enrolled on UEL-validated programmes, complaints may be categorised as either academic or non-academic.

Non-academic complaints include complaints about customer service, administrative processes, support services, learner communications, facilities, conduct of staff, or other matters unrelated to academic judgement or academic decision-making. Non-academic complaints will be considered under this Procedure.

Academic complaints include complaints concerning the quality or delivery of teaching, learning opportunities, academic supervision, assessment processes, academic resources, or other matters directly related to the learner’s academic experience. Academic complaints will normally be considered under this Procedure in the first instance.

Where a learner on a UEL-validated programme remains dissatisfied following completion of Tes Institute’s internal process in relation to an academic complaint, they may have the right to refer the matter to UEL in accordance with UEL’s complaints and appeals procedures.

Tes Institute will determine, in consultation with UEL where appropriate, whether a complaint should be treated as academic or non-academic.

The Tes Institute Complaints Procedure is based on the principle of Natural Justice, i.e. objective decision-making and the right to a fair hearing. We will:

• respond to a complaint within published timescales wherever possible
• act fairly, transparently and objectively in reviewing any complaint
• ensure that a learner is not disadvantaged because they have raised a complaint
• communicate clearly and respectfully with the complainant throughout the review process
• keep the complainant informed of progress of their complaint, including reasons for any delay, if applicable
• provide support wherever reasonably possible to a complainant who has additional needs
• allow a learner to nominate a representative to support them during the complaints process, where appropriate and subject to data protection regulations
• handle all personal data in accordance with Tes' Privacy Policy: https://www.tes.com/en-gb/policies/privacy-notice
• keep details of the complaint confidential, accessed only by those handling the complaint
• ensure that any appeal of a complaint outcome is reviewed by a senior member of Tes who has not been involved with the original complaint or any programme/school which is the subject of the complaint.

Tes Institute has the right to refuse to consider a complaint where:

• the complainant has behaved inappropriately, e.g. has been rude, abusive or aggressive towards, or harassed, Tes staff or persons acting on Tes’ behalf (e.g. tutors);
• the complainant has acted unethically, e.g. where they have recorded conversations with Tes staff or persons acting on Tes’ behalf, without their knowledge or consent;
• the complaint has been raised via social media;
• repeated complaints are made in relation to the same issue;
• complaints clearly have no merit, are of a vexatious nature or for the purpose of personal gain.

Disagreement with professional judgements made by colleagues at Tes Institute, or one of its partner schools, regarding a learner’s performance on a Tes Institute programme does not on its own constitute sufficient grounds for a complaint and/or request for a refund of any programme fees.

Tes Institute will act at all times in accordance with its duties under the Equality Act 2010. Our Equality and Diversity Policy can be found here: https://www.tes.com/institute/equality-and-diversity-policy

If a learner has additional needs and requires support during the complaints process, they should inform Tes Institute as soon as possible, preferably when submitting their complaint. They can also contact the member of Tes investigating their complaint at any point during the review process to request support.

We can adapt the complaints process, for example by offering:

• to extend the timescale for submission of a complaint
• the right for a ‘learner advocate' to handle the complaint on the learner’s behalf
• a note taker at any meetings or a transcript of any discussions which take place during the complaints process
• adapted information formats wherever possible.

Stage 1: Informal Resolution

All complaints should normally be made within 10 working days of the alleged incident, matter or concern. If the complaint is made outside this time, reasons for the delay must be given.

In the first instance, the learner should seek to resolve the matter with the subject of the complaint or through the relevant Head of Programme Delivery or person responsible for the learner’s programme. A formal complaint may not be accepted if there has been no attempt by the learner to resolve the matter informally, unless the matter is sufficiently serious to warrant formal action without going through the Stage 1 process, for example where there is an allegation of gross misconduct.

Stage 1 will normally be considered complete when the learner has raised their concern with the relevant member of staff and has received a response, whether verbally or in writing, setting out the outcome of that informal discussion.

Stage 2: Formal Complaint

If the initial informal action has concluded and the learner is not satisfied with the outcome of stage 1, or the complaint is deemed of a sufficiently serious nature from the outset, then a formal complaint may be made under the following circumstances:

• the issues involved in the complaint are of a sufficiently complex/serious nature to warrant moving to a formal complaint directly;
• the learner has behaved appropriately during the process;
• the formal complaint is made within 10 working days of the conclusion of the initial informal action (or within 10 working days of the alleged incident, where initial informal action is not deemed appropriate).

A formal complaint should be made in writing to InstituteQC@tes.com. The complaint should be specific and comprehensively documented, factual and supported with evidence as appropriate. The complaint must include:

• the learner’s name and contact details
• date(s) of the incident(s)
• locations, if applicable
• any witnesses, if applicable
• any previous efforts to resolve the matter informally
• the outcome that the learner is seeking
• any other relevant evidence, e.g. emails, notes of meetings.

If the learner requires any additional support, it would be helpful for them to specify the support required, and the reasons for it, at this stage.

The complaint should NOT include personal details relating to individuals other than the learner, apart from the names and contact details of any witnesses. The learner must obtain consent from any witnesses before providing their contact details to Tes Institute.

The Complaints Team will acknowledge receipt of the complaint in writing within 48 hours and confirm timescales and next steps to the learner.  

It is important to note that submission of a formal complaint will trigger a full investigation of the matters raised and will therefore require time to be resolved. Tes Institute will make every reasonable effort to conclude their investigation as quickly as possible but learners need to manage their expectations accordingly.

The usual timescale for resolution of a formal complaint is 20 working days (4 weeks) from the date of receipt of the complaint. If, however, there are external witnesses or parties who need to be contacted in relation to the complaint, resolution may take longer. The Complaints Team will keep the complainant updated on progress and the reasons for any delay. 

A member of Tes will be appointed as Investigating Manager. The person appointed will not have been involved in the complainant’s programme or be a subject of the complaint.

The Investigating Manager will contact the person who is the subject of the complaint and provide that person with a copy of the complaint. They may arrange to discuss the complaint with the learner as well as any witnesses.  The Investigating Manager will make a written record of any meetings which take place and may be accompanied by a Tes colleague to act as note taker.

Should the learner wish to record any meeting or discussion which takes place as part of the complaints process, for instance because they have a disability which may affect their ability to process or record information, particularly in stressful situations, they must agree this in advance with the other parties to the meeting or discussion. Whilst recordings of meetings or conversations made without the knowledge or consent of the other parties are not illegal, sharing such recordings with any 3rd parties may be illegal. Tes Institute also reserves the right to disregard any evidence relating to the complaint which has been obtained in this way.

The Investigating Manager will provide a written report to the Complaints Team summarising their findings and will prepare a response to the learner, setting out:

• the outcome of the complaint (upheld, partially upheld, not upheld)
• the reasons for the decision
• any offer of settlement, if appropriate
• any recommendations (e.g. follow-up actions).

The Complaints Team will be responsible for sending the response to the learner.

For learners enrolled on UEL-validated programmes, Tes Institute may provide UEL with information regarding non-academic complaints where required under the collaborative agreement between Tes Institute and UEL. UEL may request further information relating to any non-academic complaint where it reasonably considers that the matter may affect UEL's regulatory responsibilities or reputation.

In exceptional circumstances, UEL may request that responsibility for the handling of a complaint be transferred to UEL where it reasonably believes that this is necessary to protect the integrity of its academic provision or its reputation.

The Investigating Manager’s report will also be made available to all parties involved in the complaint.

Where the result of the complaint includes recommendations, the Director of Tes Institute will be responsible for following up any recommended actions.

Tes Institute maintains records of complaints received and their outcomes for quality assurance, regulatory and governance purposes.

For learners enrolled on UEL-validated programmes, summary information concerning non-academic complaints may be shared periodically with UEL in accordance with the requirements of the collaborative agreement between the organisations. Any information shared will be handled in accordance with applicable data protection legislation.

Stage 3: Appeals

The learner may appeal against the decision on one or more of the following grounds:

• new evidence which could not have reasonably been available at the time of the original complaint and which could materially affect the outcome of the complaint, e.g. evidence from a new witness;
• material procedural irregularity, resulting in appreciable negative impact on the complainant;
• inconsistency of any action or penalty.

Appeals should be submitted in writing to the Complaints Team within 10 working days of receipt of the decision or outcome of the formal complaint. Decisions sent by email will be regarded as having been received on the day the email was sent.

It is important to note that an appeal review is not a re-investigation of the original complaint.

Upon receipt of the appeal, the Complaints Team will pass the appeal, any investigating report, the outcome letter and any other relevant evidence to a senior member of Tes staff, who has had no previous involvement with the learner or the complaint, to review the appeal grounds.

If it is determined that the appeal submission criteria have not been met, the Complaints Team will contact the learner to explain the reasons for rejecting the submission. Tes Institute reserves the right to reject an appeal on the ground that it does not meet any of the above grounds and/or the learner has behaved inappropriately at any stage of the complaints process. Tes Institute’s decision in this regard will be final.

Where it is determined that the criteria have not been met, the Tes Institute Complaints Procedure will be complete.

If it is determined that the appeal meets the appeal submission criteria, the Complaints Team will notify all relevant parties and a date for a Complaints Panel will be set. Typically, the Complaints Panel will consist of three senior members of Tes. No member of the panel will have been previously associated with the complaint.

Any party to a complaint has the right to be accompanied by a friend, colleague or union representative at the Complaints Panel. If a party wishes to have legal representation in a complaint hearing, then they must provide reasons for wishing to do so and this must be agreed in advance of the hearing, to allow sufficient time for the subject of the complaint to obtain legal representation, if they wish to do so. This may include legal representation for Tes Institute.

The panel members will be in receipt of all documentation associated with the complaint to date and will also receive any new evidence that may be presented.

The party lodging the appeal, the Investigating Manager and the Head of Programme Delivery for the relevant programme may all be interviewed by the Complaints Panel in order to assist in understanding the detail of the investigation and the rationale for the decision reached.

The hearing will not be conducted as an alternative to any part of disciplinary procedures which may apply to Tes Institute members of staff. Details of any such disciplinary procedures are confidential and will not be provided to the complainant.

The decision of the panel will be final as far as Tes Institute’s Complaints Procedure is concerned.

Where the complaint concerns an academic matter relating to a UEL-validated programme, completion of Tes Institute’s internal complaints process does not prevent a learner from exercising any further rights available under applicable UEL complaints and appeals procedures.

Where such a right exists, learners will be advised of the relevant UEL procedure and any applicable submission deadlines when the outcome of the Tes Institute process is issued.

The Complaints Team will inform the learner in writing of the decision of the panel and the reasons for the decision.

If the panel decides that certain actions have to be taken as a consequence of the complaint or appeal, the Chair of the Complaints Panel will nominate an individual to monitor such actions and report to Tes Institute senior management on progress of those actions.

Once the Tes Institute complaints process is complete, a Completion of Procedures letter will be sent to the learner if they are eligible to receive one.

Where a complaint relates to a UEL-validated programme and a learner has additional rights under UEL procedures, completion of the Tes Institute process may not constitute completion of all available internal procedures. Learners will be advised where any further review, appeal or complaint route exists through UEL.

Please see elow for details of the Tes Institute programmes covered by the OIA Scheme and further information about the timescales, purpose and content of a Completion of Procedures letter.

The Consumer Rights Act 2015 made it a requirement for higher education providers such as Tes Institute, which have one or more courses designated to receive learner support funding, and those providers with degree awarding powers, to become members of the Office of the Independent Adjudicator (OIA) Scheme.

The OIA is the higher education complaints body for UK learners, who may bring an eligible complaint to the OIA once their education provider’s internal complaint procedures are complete. Please see the OIA website for further details: http://www.oiahe.org.uk/

Only those Tes Institute learners who are or were enrolled on a programme leading to a higher education qualification and falling within the scope of the OIA Scheme are eligible to bring a complaint to the OIA.

This may include, but is not limited to:

• Initial Teacher Training (with or without a PGCE)
• Postgraduate Teacher Apprenticeship
• Postgraduate Certificate in Education (PGCE)
• International Postgraduate Certificate in Education (iPGCE)
• MA Education with Pedagogy

Eligibility may vary according to programme status and applicable OIA requirements at the time the complaint is submitted.

Once Tes Institute’s complaints process is complete, Tes Institute will send a Completion of Procedures letter to the learner via email within 28 days of the completion of the process. The letter will summarise the key points of the complaint and, where relevant, any appeal, as well as the outcome of the complaint/appeal and the reasons for the decision. It will also include the final date by which the learner must submit a complaint to the OIA, which is 12 months from the date of the Completion of Procedures letter. The learner must submit the Completion of Procedures letter with their complaint to the OIA.