For the past 18 months, schools and academies have been telling us about the rise in both the volume and complexity of parental complaints.

Statistics appear to support anecdotal evidence, with headteachers’ union the NAHT reporting to Tes that nine out of 10 school leaders have witnessed an increase in complaints, while eight in 10 have noticed a rise in vexatious complaints.

For schools, this takes a significant toll on already stretched staff resources, as well as wellbeing - and all amid a recruitment and retention crisis. So, what is the solution?

Managing complaints proactively

We always advise schools to take a proactive approach to complaints management.

This means having an open mind to create a strategy that involves a genuine, fresh and holistic review of their legally required complaints procedures.

To begin with, a complaints audit can identify common themes and recurrent issues from complaints raised during a specified period, such as bullying or reasonable adjustments for children with special educational needs and disabilities.

Actions resulting from these findings may include a review of internal processes, staff training or improved communication practices in relation to parents.

De-escalation strategies

Prevention is better than cure, and a proactive complaints management approach will also place an emphasis on communication to help build healthy relationships and trust with parents.

Effective relationship management can prevent a parent’s concern, initially expressed informally, from escalating into a formal complaint over a school’s action or inaction, which may eventually require a time-consuming governor panel hearing.

Equipping staff with the communication skills required to deal with unhappy parents can aid de-escalation.

School leaders should help them to understand their options, which may be to seek support from senior colleagues, delegate an investigation or explain to complainants their need for more time.

Often, a complainant simply wants acknowledgement that the issues raised in a complaint have been taken seriously and to understand what steps for redress will be taken.

Dealing with vexatious and threatening complaints

In a small but increasing number of cases, an individual will pursue a complaint in an unreasonable manner, and handling vexatious complaints is a delicate balancing act for schools.

When seeking a resolution, they may express themselves in a way that is emotional or personal, bring in third parties, use social media to add pressure, or make subject access requests to gather evidence supporting their case.

In such instances, the school should separate the “complaint”, which may or may not have merit, from the “complainant”, whose behaviour or correspondence may be difficult, unpleasant or offensive.

A school can usually refuse any further correspondence relating to repetitious complaints. Such complaints bear similar hallmarks to another that has already been fully considered and which the school has taken reasonable steps to address, has outlined its position clearly or provided options to the complainant.

Schools may also have good cause to limit further consideration of a “frivolous” or “vexatious” complaint.

The Office of the Independent Adjudicator defines these as obsessive, persistent, harassing, prolific or repetitious. They may involve pursuing complaints without merit, with unrealistic outcomes or ones that include demands lacking any serious purpose or value.

Set clear communication parameters

Should a school have concerns about the complainant’s conduct towards staff, it may be able to take action to restrict the individual’s access to employees while continuing to review the issue in line with its published complaints procedures.

This could include limiting contact between the complainant and school to specified days and times, with a named person or in writing only, as well as banning them from the premises.

In practice, it can be difficult to navigate complaints management in a context where the complainant is behaving unreasonably. In such situations, schools should consider taking legal advice on the most appropriate action in a specific case.

Victoria Hatton is a senior associate in the education team at UK and Ireland law firm Browne Jacobson

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