East Durham College - Complaints Procedure

PROCEDURE TITLE: Complaints Procedure General
DOCUMENT NUMBER: 5.1.12
GROUPING PROCEDURE: Quality
AUTHOR / REVISOR / OWNER: Alistair Cummins-MacLeod
DATE OF CURRENT VERSION: April 2025
REVIEW DATE: April 2027
IMPACT ASSESSED: Yes
APPROVED BY: The Board of Governors
DATE: 03/07/2025

East Durham College is committed to creating inclusive communities of excellent learning and teaching which benefit from sharing best practice developed across all campus sites. As with all businesses however, we are aware that occasionally our learners, students, apprentices, parents, employers, clients, or stakeholders may wish to raise with us instances where, for whatever reason, we have failed to meet our usual high standards.  

This policy therefore sets out how complaints of this nature should be submitted, how we aim to resolve them and the timescales that will apply.  

In addition, this policy also covers compliments and provides an overview of how compliments can be provided and when received are actioned.  

East Durham College therefore commits to the following:  

Attempt to resolve complaints within this established policy. 

• Investigate all complaints in a formal, fair, and non-confrontational manner.  

• Ensure that confidentiality is observed as appropriate throughout the procedure.  

• Produce an annual report for the Corporation Board to ensure governors remain informed in relation to the matters being dealt with.  

• Monitor and respond to any trends identified from the data.  

• Publish this policy via the College Intranet as well as on the College website.  

1. General Arrangements  

• The college will only respond to a complaint when it is made in line within procedures as set out in this policy. 

• The college will not accept or act upon anonymous complaints until we can substantiate the alleged facts.  

• Where more appropriate we may also direct the complainant to the Whistleblowing & Disclosure Policy.  

• Malicious complaints are not acceptable at any time. Where complaints are investigated and found to be malicious or mischievous, appropriate action will be taken, extending to discipline measures for students and staff.  

2. Legal Claims 

• The Complaints and Compliments Policy should be exhausted prior to bringing a legal claim against East Durham College.  

• All legal claims against the college must be reported via complaints@eastdurham.ac.uk  

• The college reserves the right to refuse to investigate or suspend any investigation underway where it becomes aware that legal, court or tribunal proceedings have been initiated in relation to the grievances imbued in the complaint.  

3. Guidance and Links on when to use this policy and related policies. 

This policy is broadly to be used when an individual wishes to make a formal complaint, about a person, system or process associated with East Durham College, based on perceived unfairness or conduct. It should not be used when an alternative policy is more appropriate. For example:  

• Issues relating to safeguarding must first follow the college’s Safeguarding Policy.  

• Issues associated with learner conduct (including alleged bullying and harassment) should first be referred to the college’s Positive Behaviour & Relationship Management Policy.  

• Issues associated with staff conduct should first be referred to the college’s Human Recourses department. 

• Where an individual raises a concern associated with alleged fraud, misconduct or wrongdoing by staff and officers of East Durham College and subcontractors, they should follow the college’s Whistleblowing & Disclosure Policy. 

• Where an individual has a concern around any aspect of their employment, they should follow the college’s Staff Grievance Policy. 
   

4. Complaints Procedure  

When you submit a formal complaint to us, it will be considered following up to two stages:  

• Stage 1: Formal Complaint, Investigation, Response. 

• Stage 2: Appeal & Response. 

Please note – The college operates an informal process through which it is expected that most low-level concerns will be addressed. To access this please liaise directly with your normal contact within the college who will initially attempt to address any concerns raised.  

4.1 Formal Complaint and Investigation 

A complainant who wishes to make a formal complaint may do so either in writing or verbally. All complaints made in writing, using email, letter, the complaints form on the website, or the college paper-based complaint form (CP1) are immediately classed as formal complaints. All complaints made verbally or via social media/live chat will initially be classed as an informal complaint. 

Complaints can be emailed to complaints@eastdurham.ac.uk or the channels above. CP1 is available from reception/student services. College staff will be happy to support you to write down your complaint should any of these methods be unsuitable. 

Receipt of all formal complaints will be acknowledged in writing within two working days from receipt via post any of the above methods.  

Following investigation, a response to the complainant will usually be provided within 15 working days of the acknowledgement unless the complaint is particularly complex, in which case the complainant will be informed of reasons for the delay. 

Please note: half term and the main holidays are outside of official working days, and any complainant will be advised accordingly in the acknowledgement and provided with a revised target deadline for the investigation response. 

Complaints against Staff 

If a complaint is received specifically about a staff member of East Durham College, it should be immediately passed to Human Resources who will decide the most appropriate person to investigate. 

Complaints against College Management Team 

If a complaint is received specifically about a member of East Durham College’s Management Team, it should immediately be passed to the member of the College Leadership Team with line management responsibility for that manager for investigation. 

Complaints against the Principal/Senior Staff 

If a complaint is received specifically about the Principal or a Senior Post Holder, as defined by the Corporation, it should immediately be passed to the Clerk to the Corporation who will refer it to the Chair of the Corporation. The Chair of the Corporation may appoint a Governor or a panel of Governors to investigate the matter if considered appropriate.  

The outcome of any complaint against the Principal or a Senior Post Holder will be reported to the Corporation.  

Complaints against Members of the Corporation 

Where a complaint is received specifically about the Clerk to the Corporation it should immediately be passed to the Principal who will refer the matter to the Chair of the Corporation. The Chair of the Corporation may appoint a Governor or a panel of Governors to investigate the matter if considered appropriate. 

If a complaint is made about the Chair of the Corporation, the Clerk to the Corporation will refer the matter to the Vice-Chair of the Corporation.  

If a complaint is made specifically about an aspect of the governance of East Durham College, a member of the Corporation (other than the Chair) or the activities of the Corporation, then the Clerk to the Corporation will refer the matter to the Chair of the Corporation, who will investigate action as appropriate, taking advice as necessary from the Clerk to the Corporation. 

The Clerk to the Corporation may, if appropriate, refer any complaint regarding the Chair or the activities of the Corporation to the Skills Funding Agency. 

If appropriate, East Durham College’s complaint procedure may be used with the Clerk to the Corporation investigating the matter.  

If East Durham College’s complaint procedure is not appropriate for a complaint against a member of the Corporation, the Chair, or Vice-Chair, if appropriate, may appoint a Governor or a panel of Governors to investigate the matter. In such circumstances, the Clerk to the Corporation shall be responsible for providing advice and support and for the provision of specialist external advice if required. 

Complaints we cannot investigate.  

The college will not normally record or investigate: 

• Admissions and progression appeals (complaints) - specific procedures exist for these within our Admissions policy. 

• A decision made where the correct procedures / processes / regulations have been followed (e.g. disciplinary and debt recovery). 

• Anonymous communications. 

• Something outside the control or responsibility of the college. 

• A liability claim, or other litigation matter. 

• A complaint regarding an academic judgement on Higher Education work, for example the grade awarded for a piece of assessed work. This would be forwarded to the relevant university for investigation. 

• Higher Education Academic Appeals - specific procedures exist for these within Higher Education Academic Appeals procedure and within the regulations and guidelines partner universities and awarding bodies, relating to the decisions made by exam boards. This would be forwarded to the relevant university for investigation. 

• The College will not accept a complaint lodged by a third party, other than if a parent, carer or guardian of a 14 to 17-year-old student or a student aged 18-24 years old who has an EHCP (Education, Health & Care Plan). 

• All complaints will be processed in line with GDPR regulations.  

If the complaint concerns something that happened some time ago investigations will not normally take place if 12 weeks has elapse from the time of an alleged incident occurring. All complaints that exceed the 12-week time period will be reviewed by CLG to determine if they will be investigated, particularly in cases involving safeguarding concerns. 

Investigation Response  

The complaint response – a reasoned judgement by the investigating officer – will be sent to the complainant within 15 working days of acknowledgement communication. However, complex cases will, unavoidably, take longer to investigate with due care and thoroughness. The complainant will, in any event, be kept informed of the progress of any investigation.  

Appeals  

Any comments about the way in which the complaint was dealt with, or any appeal against the findings and action, must be made in writing to the Vice Principal or representative, setting out the detailed grounds for appeal, within 10 days of receipt of the outcome. The Vice Principal or representative will review the evidence and respond to the appellant within 15 working days of receiving the appeal. 

Equality Monitoring  

To comply with the Equality Act 2010 and ensure fair treatment for all, East Durham College will collect data on the ‘protected characteristics’ of complainants, i.e.: 

• Race 

• Disability 

• Sex 

• Age 

• Gender reassignment 

• Religion / Belief 

• Pregnancy / Maternity 

• Marriage / Civil Partnership 

• Sexual Orientation  

All information is confidential, seen by a limited number of staff and East Durham College reporting mechanisms guarantee data protection.  

Complaints Made to External Organisations  

External organisations such as exam boards/awarding bodies will not normally investigate complaints until the college’s complaints procedure, including appeal, has been exhausted.  

Complaints about Further Education can be made to the DFE (Department for Education) 

For details on the procedure, please visit: https://www.gov.uk/complain-to-dfe  

For complaints about FE colleges that deliver post-16 learning, contact the Department of Education using the https://customerhelpportal.education.gov.uk/  

You can also write to them by post to: 

Ministerial and Public Communications Division 

Department of Education 
Piccadilly Gate 
Store Street 
Manchester 
M1 2WD 

Complaints about Higher Education courses at East Durham College delivered in partnership with HE Institutions 

If you are not satisfied with the resolution offered by East Durham College, you may wish to take your complaint to the HE institutes partner who issues your qualification.  

All students on higher education courses can also bring a complaint to the Office of Independent Adjudicator (OIA). It would be expected that if an HE student was unhappy about their HE course, they would go through college complaints procedure first. Where the response is still deemed to be unsatisfactory, the student should then follow the HE providers complaints procedure first, before complaining to the OIA.  

You can find full details of the Higher Education providers complaints procedures on their website. 

CP1 Complaint Form Documents – Please requestion a copy from Reception or Student Services. 

Staff can find a copy of the form on the Staff Extranet here: Student Services 

The complaints form on the College website can be found here: 

https://www.edc.ac.uk/contact/feedback/complaints  

All records of complaints and responses are held by the College’s Admin Team. 

Staff Grievance Procedure  

This document is issued and controlled by Quality & Standards and may only be modified by the designated group after proposed modifications have been accepted by the College Management Group.

The latest version of the policy will be maintained on the College Extranet.

Please feedback to Quality & Standards any constructive suggestions on how any aspect of the policy may be clarified or improved.