Complaints about a non-government school

The regulatory role of NESA does not involve ownership, governance or management of non-government schools.

In the first instance you should raise your concerns directly with the school to:

• provide the best chance of a timely response and resolution
• resolve the matter through a positive informal approach.

In some cases, a more formal process is appropriate. Access and follow the school’s published policy for managing complaints. If a parent or carer follows the school’s procedures for making a complaint, it is expected that the school will deal with the complaint accordingly.

It is important to give the school time to review your complaint and provide a response.

If you are dissatisfied with the initial outcome of your complaint, the school’s policy may indicate who you could escalate to for further review.

Escalation is often to the proprietor, who is owner of the school. For example:

• an individual non-government school board, eg the Chair of the board
• the Education Office of a Catholic Diocese or Archdiocese
• the Seventh Day Adventist Church Schools’ Office.

The proprietor is responsible for all actions and decisions taken by the school, including:

• governance
• management
• implementing their policies and procedures
• all decisions relating to operation of the school.

These matters are at the discretion of the proprietor of the school.

What NESA can do

Complaints about a non-government school can be made to NESA if:

• the issue relates to non-compliance with the registration requirements
• your allegation is supported by evidence
• you have exhausted all avenues of appeal with the school, or there is a compelling reason why this is not possible.

What NESA can’t do

NESA acknowledges that complainants may remain dissatisfied after receiving responses from the school. This dissatisfaction does not mean that the school does not have, or did not implement, the required policies and procedures. NESA investigations are limited to consideration of non-compliance with the registration requirements as identified in the Act.

NESA does not investigate:

• allegations of criminal behaviour, such as alleged fraud or child abuse
• matters relating to the statutory functions of other government agencies, such as alleged breaches of funding conditions
• matters where common law remedies may be available to the complainant, such as alleged breaches of contracts.

There may be other avenues to lodge your complaint.

After following the steps above, complaints about a non-government school should be made in writing to:

School Registration Complaints, Regulation of Schooling by:

• mail: GPO Box 5300 Sydney NSW 2001

or

• email: schoolrego@nesa.nsw.edu.au

Your correspondence should include:

• the name and contact details of the complainant(s)
• the school name and location
• the issue or matter and how it relates to school registration requirements
• how the matter has been raised with the school and/or proprietor and any response received
• evidence to support the complaint (copies of correspondence to and from the school, and any other relevant policies/documents).

Anonymous complaints

Anonymous submissions: NESA’s capacity to act on a completely anonymous complaint may be limited. NESA often requires further information to advance its enquiries. This may not be possible where the complainant cannot be contacted.

Requesting anonymity: If NESA’s assessment of a complaint indicates an investigation is warranted, the process may be limited if a complainant wishes to remain anonymous.

This involves assessing if:

• the matter relates to the school’s compliance with the registration requirements
• the school has had an opportunity to respond to the complaint
• the allegation is supported by sufficient evidence.

Sometimes the Officer requires additional information to determine the outcome of their assessment. In such cases, the Officer will contact the complainant for permission to identify themselves to the school and/or seek further evidence from both parties.

Where concerns relate to the registration requirements and there is sufficient evidence, NESA will investigate.

Investigation will focus on whether:

• the school’s policies and procedures comply with the requirements for registration
• the school has followed its policy and procedure in relation to the complaint
• any non-compliance is an isolated instance or part of a systemic pattern.

When NESA investigates, the information provided by the complainant often needs to be provided to the school for response. This will usually identify the complainant to the school. If the complainant requests anonymity, NESA’s ability to investigate the concerns may be limited.

NESA will advise the complainant in writing of the outcome of the investigation, including:

• reasons for findings
• actions taken by the school and/or
• actions taken by NESA.