Learner Complaints Policy and Procedures
This document sets out Kind Learning Academy’s policy and procedures for responding to learners’ concerns and complaints about the standard of service provided by Kind Learning Academy.
- Principles for Handling Learner’s Complaints
- Scope of LSST’s Complaints Policy
- Definition of a Complaint
- The Complaints Procedure
- Stage 1: Early (Informal) Resolution
- Stage 2: Formal Complaints Procedure
- Stage 3: Review of Formal Complaints Outcomes
- Review of Compliant Outcome: Awarding Body Appeals
- Complainants’ Conduct .
- Formal Investigations
- Complaints about Staff Members or Other Learners
- Record Keeping and Confidentiality
1. Principles for Handling Learner Complaints
1.1. Kind Learning Academy (KLA) strives to provide a high-quality academic experience and encourages learners to raise concerns with the Academy where they feel the standard of any aspect of their learning experience is below their expectations.
1.2. Kind Learning Academy will consider learners’ concerns and complaints at three stages:
Stage 1: Informal, local resolution
Stage 2: Formal complaints procedure
Stage 3: Review of formal complaint outcome
The full complaints procedure is given in Section 3
1.3. Kind Learning Academy will seek to resolve all complaints and concerns promptly in the first instance through informal dialogue between those directly involved, as this is often the quickest and most effective means of address. Where informal conciliation is not possible, learners should make a formal complaint.
1.4. Kind Learning Academy will ensure that procedures for dealing with formal complaints are fair and transparent to all parties, and that complaints are resolved in a timely fashion; where possible the Academy will seek to resolve all formal complaints fully (including any review under Stage 3) within 90 calendar days of the receipt of a formal complaint.
1.5. Learners will be kept informed of the progress and outcome of Kind Learning Academy’s investigation of their formal complaints. Where a complaint takes longer than 90 calendar days to resolve, the complainant will receive an explanation for this and be given an indication of how long the issue is likely to take to fully resolve.
1.6. All complaints will be taken seriously and investigated in the spirit of natural justice; no learner will be at a disadvantage for having made a genuine complaint, even where the complaint is found to be without merit, provided it has been made in good faith. Any person about whom a complaint is made shall be supplied with a copy of the complaint and given the opportunity to make their representations.
1.7. Kind Learning Academy will ensure that advice and guidance on making a formal complaint is clearly accessible to all learners and prospective learners. Where requested, Learner Support staff will guide learners through the process of making a formal complaint.
1.8. Anonymised information about the quantity and substance of learners’ complaints will be used by Kind Learning Academy to reflect on its performance in the delivery of learning opportunities and to drive continuous enhancement of the services it provides.
1.9. Kind Learning Academy shall maintain a record of all complaints made by learners relating to the course and the outcome of each complaint.
1.10. Where a complaint is made concerning delivery of a course, Kind Learning Academy will notify the awarding body.
2. Scope of Kind Learning Academy’s Complaints Policy
2.1. Kind Learning Academy delivers learning opportunities under validation and franchise agreements with external awarding bodies, with whom it works to resolve learners’ formal complaints. The procedures for submitting formal complaints vary depending on the course a learner is enrolled on.
- Learners on courses leading to awards from Ascentis should use Kind Learning Academy’s procedures in Section 4. Where they remain dissatisfied with the outcome of their complaint, they may invoke the awarding body’s formal complaints procedures.
2.2. Where a learner is in doubt about how to submit a formal complaint, they should consult a member of the Learner Support team, who will guide them through the correct process.
3. Definition of a Complaint
3.1. For the purpose of this policy, a complaint is defined as:
3.2. ‘An expression of dissatisfaction by one or more learners about a provider’s action or lack of action, or about the standard of service provided by Kind Learning Academy’.
3.3. This procedure is designed to deal with complaints arising from:
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- provision of academic services described in Kind Learning Academy’s publications including teaching, content of courses and support for learning;
- incorrect or misleading information about services provided by Kind Learning Academy;
- provision of other services described in literature published by Kind Learning Academy;
- problems with the provision, condition or accessibility of Kind Learning Academy facilities or learning resources;
- the conduct of our staff or of any contractors we employ;
- any perceived inequitable treatment of individuals or unlawful discrimination **Serious instances of discrimination, bullying, harassment or victimisation may warrant separate investigation under Kind Learning Academy’s Anti-bullying and Harassment procedures.
3.4. The learner complaints procedure does not cover the following:
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- Complaints about admissions procedures prior to enrolment as a learner of Kind Learning Academy, which are dealt with separately under Kind Admissions Policy;
- Learning Academy
- Any matters relating to examination and assessment procedures or academic appeals, which are dealt with through the Appeals Policy.
3.5. Complaints received about the behaviour of other learners will normally be considered under Kind Learning Academy’s Code of Conduct and Disciplinary Procedures, except where they are indicative of a failure by Kind Learning Academy to provide a safe and respectful study environment in accordance with its own policies. The Quality Manager will use discretion in determining the most appropriate procedure under which to consider such complaints.
3.6. Note: If a complaint has been linked to a particular request (e.g., a change of class) the request will not be processed until the complaint has been investigated and closed.
4. The Complaints Procedure
Stage 1: Early (Informal) Resolution
Reminder: Where the complaint concerns academic appeals, academic misconduct and complaints of an academic nature, the learner will need to consult with Kind Learning Academy Appeals.
4.1. Where a learner wishes to discuss a concern before making a formal complaint, they should consult their Class Teacher or a member of the Learner Support Team. Learners will be given sufficient information regarding the complaint process, and their entitlement to a review of the handling of the complaint in accordance with Kind Learning Academy complaints procedures.
4.2. The concern may be raised orally, in writing or by email, and should be given within 10 working days of the incident or action from which the complaint arises, or as soon as possible.
4.3. Kind Learning Academy staff will work with a complainant to resolve concerns promptly and decisively without resorting to the formal complaints process. Where a formal complaint is received and it is not apparent that informal resolution has been attempted, or there is no clear indication that informal resolution is inappropriate, the complaint will usually be referred back to this stage.
4.4. The member of staff receiving an informal complaint will attempt to resolve the matter there and then, or refer the matter on to someone who can help and aim to resolve the informal complain within 5 working days.
4.5. If resolution of a concern cannot be reached informally between the affected parties, the learner should submit a formal complaint.
Stage 2: Formal Complaints Procedure
4.6. Formal complaints should be directed to the Quality Manager, in writing (letter or email), normally within 20 working days of the incident or action from which the complaint arises, or the outcome of the informal resolution. Complaints received after the advised time may be considered ‘out of time’ and will be investigated only where good reason can be shown that the complaint could not have been raised at the time; decisions whether to investigate ‘out of time’ complaints will be at the discretion of the Quality Manager.
4.7. All complaints shall be headed ‘Complaint’, and may be sent by letter or e-mail. The complaint may be submitted electronically to: complaints@kind-communities.org
If providing Kind Learning Academy with a physical copy of the complaint, the following address should be used: F.A.O. Quality Manager, Kind Learning Academy, Kind Communities, Suite 10, 80 Lytham Road, PR2 3AQ .
4.8. The following details must be provided when making a formal complaint:
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- learner name and ID number;
- a full statement of the substance and circumstances of the complaint, and all persons involved (if known);
- brief details of the steps already taken to resolve the complaint;
- reasons for the learner’s dissatisfaction with the attempts to resolve the complaint informally;
- the desired outcome of the complaint (i.e., what the learner would like to be done);
- copies of any documentary evidence the learner wishes to submit (original copies should not be provided);
- a preferred means of contacting learners on the issue.
*Note: Learners are discouraged from making anonymous complaints as this may impede proper investigation and Kind Learning Academy cannot guarantee a satisfactory outcome for the learner. However, any anonymous complaints received will be considered, and may be investigated where they should give rise to concerns.
4.9. The Quality Manager will determine whether all the necessary information has been provided and may contact the learner requesting additional details and evidence. In all cases the Quality Manager will acknowledge receipt of the complaint by letter/email.
4.10. The Quality Manager will forward the complaint to the appropriate person or department within the Learning Academy, who will investigate the matter using the information provided by the complainant in their written submission. A response will be sent to the complainant in writing within 20 working days of the formal complaint being received by the Learning Academy, with any outstanding actions to be completed within the 90-day period. Responses sent to the complainant must be copied to the Quality Manager and all relevant parties.
4.11. In instances where it has not been possible to resolve the complaint within the Learning Academy’s 20-day target, the person/s investigating the complaint shall promptly write to the learnerand inform them of:
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- The name of the person/s investigating their complaint,
- The reason for the delay
- The date by which the learner will be notified of the outcome.
4.12. The letter sent to the learner will be copied to the Quality Manager and all relevant parties. Where it is felt that the complaint is unfounded, the complainant will receive an explanation as to why this is the case. In certain circumstances where a complaint is partially upheld, the Quality Manager may take a discretionary approach in making conciliatoryor goodwill gestures.
4.13. If the substance of the complaint concerns the Quality Manager, then the formal complaint should be directed to the Academic Manager, who will manage the response to the complaint or delegate this duty to an appropriate person.
4.14. The Learner will receive a formal letter or email at the conclusion of the formal complaints procedure, clearly explaining the outcome and the actions Kind Learning Academy has taken, or will take, in resolving the issue. The letter will provide instructions on how to request a review of the decision (Stage 3) should the learner have concerns about how their complaint was handled.
Stage 3: Review of Formal Complaints Outcomes
4.15. If a learner has reason to believe that their complaint has not been handled fairly, objectively or in accordance with the procedures described above, they should write to the Quality Manager within 20 working days of the date of the formal stage outcome letter, to request a review of the decision.
4.16. A review of a formal complaint decision will be considered only where there is evidence that:
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- The procedures during the formal stage were not followed properly;
- The outcome was not reasonable given the circumstances presented;
- The outcome was not consistent with the outcome of any other similar complaints;
- New information has come to light which, for valid reasons, could not have been considered earlier in the process and which would have had a significant (‘material’) effect on the decision.
4.17. Dissatisfaction with the outcome of a complaint will not of itself constitute grounds for a review of a formal complaint decision.
4.18. Where the Quality Manager is satisfied that there is a case to answer, they will appoint an investigating officer, who will not have been involved in any previous stage in the handling of the complaint. The investigating officer will consider the integrity of the original decision in respect of the request for review and any supporting evidence submitted; their findings will be presented in a report to the Quality Manager within 10 working days of being instructed to investigate.
4.19. On receipt of the investigating officer’s report, the Quality Manager will convene a Complaints Panel meeting to consider the integrity of the original complaint outcome in light of the report’s findings. The membership of the panel will vary to ensure that no person involved in the original decision under review, has any influence over the outcome of the Panel’s deliberations.
4.20. The Complaints Panel will move to uphold, partly uphold or rescind the earlier decision in the light of the investigating officer’s report, specifying any remedial actions and the timeframes in which these must be carried out.
4.21. Following the panel meeting, the outcome of the panel’s deliberations, and the rationale for its decisions will be conveyed by letter/email to the learner and, where appropriate, other parties. This Complaint Outcome letter will advise the learner of any further recourse for review that maybe available to them.
5. Review of Complaint Outcome: Awarding Body Appeals
5.1. Where a learner remains dissatisfied with the outcome after Kind Learning Academy’s internal complaints procedures, they may refer the case to Ascentis by emailing hello@ascentis.co.uk .
5.2. Ascentis Contact details
6. Complainants’ Conduct
6.1. Whilst it is understood that a complainant may be experiencing anxiety as the result of the circumstances surrounding their complaint, they are expected nonetheless to conduct themselves in a reasonable manner and in accordance with the Learner Code of Conduct.
6.2. Learners are expected to refrain from making frivolous, vexatious, petty or harassing complaints or make unreasonable demands of those dealing with their complaint. Examples of unreasonable demands on the part of the complainant may include: requesting responses within an unreasonable timeframe; insisting on seeing or speaking to a specific member of staff; continual phone calls, emails or letters; repeatedly changing the substance of the complaint, or raising unrelated concerns.
6.3. Where the complainant is considered to be acting unreasonably, they will be told why this is unacceptable and given the opportunity to modify their behaviour. If the unreasonable behaviour continues, Kind Learning Academy will take the appropriate measures, including referring learners to the disciplinary procedures and terminating consideration of the complaint.
7. Formal Investigations
7.1. During Stages 2 and 3 of the complaints procedure, Kind Learning Academy may open a formal investigation into the issue.
7.2. The member of staff handling the investigation of a complaint may request the complainant to attend an interview as part of the investigative procedure. The member of staff will agree a date, time and location with the complainant, and confirm this in writing. The complainant has the right to be accompanied by a friend or learner representative as an observer.
7.3. Any person about whom a complaint is made (the ‘respondent’), shall be provided with a copy of the complaint with sufficient time for them to prepare their representations ahead of any formal meeting concerning the complaint. The respondent shall have the same right of representation as the complainant.
7.4. Where either the complainant or respondent are accompanied in a formal meeting, details of their companion must be provided to the investigating officer in advance of the meeting. Kind Learning Academy does not permit representation by an external organisation or professional legal representation during such investigations.
8. Complaints about Staff Members or Other Learners
8.1. Should a learner raise a complaint which appears to show that staff or learners have acted in breach of Kind Learning Academy regulations, the matter will be investigated through the appropriate investigatory procedure.
8.2. This includes, but is not limited to, abusive or threatening behaviour, victimisation, bullying or harassing behaviour, actions likely to cause injury or threaten safety and unauthorised disclosure of confidential information.
8.3. If a complaint results in a hearing under another procedure or policy, the complainant may be asked to give evidence at a hearing. In instances where the complainant is not willing to give evidence, Kind Learning Academy may not be able to proceed with the case.
8.4. Where the complaint results in a hearing under another procedure or policy, Kind Learning Academy will comply with the provisions of the Data Protection Act. This means that Kind Learning Academy may not be able to disclose full details of this procedure and any outcomes to the complainant. Legally, there is a recognised expectation that internal disciplinary matters of an individual will be private. If Kind Learning Academy is unable to disclose the details of the outcome to the learner, the learner will be informed of the reasons for any such non- disclosure.
9. Record Keeping and Confidentiality
9.1. A record of complaints received from learners, and the means of resolution, will be kept by the Quality Manager and reported to the Academic Board as part of Kind Learning Academy’s monitoring and quality assurance processes.
9.2. Kind Learning Academy staff dealing with complaints matters may at times be in receipt of potentially sensitive information regarding learners’ personal circumstances. All such information disclosed by the learner when making a complaint will be held securely by Kind Learning Academy, and shared only with those who need to be aware of it in order to carry out these procedures.
9.3. It is expected that those in receipt of concerns and complaints will respect confidentiality and retain anonymity for learners raising concerns where this is appropriate. However, complainants should never be promised confidentiality as there may be instances where information disclosed must be passed on to fulfil a public function (such as reporting a crime).
9.4. Anyone dealing with a concern or complaint who is unsure whether information is confidential should clarify with the source of the information and speak to Kind Learning Academy’s Data Protection Officer.
10. Training and Awareness of the Complaints Policy and Procedures
10.1. Kind Learning Academy will periodically organise activities to raise awareness of the Complaints Procedure, and how it is to be used. Learners will have access to information about this policy and the correct process of making a complaint in their Learner Handbooks and during Induction.
10.2. Kind Learning Academy will additionally provide ongoing support and guidance to staff in complaints handling, on how to best resolve them informally and how to respond to formal complaints.
