David Boobyer, Partner at Tollers looks at the complex issue of disputes in education.
THERE is an understanding in society that every individual has rights and can take action, which can end in the courts, to enforce those rights.
This does cause conflicts especially when it comes to taking legal action against the caring professions, like teachers or medics. It is their very job role to help so it can seem something of a ‘slap in the face’ when the helper becomes the recipient of a complaint.
For organisations like a school, college, nursery or university, it makes common sense to take steps to protect employees. This may seem extreme but the understanding and willingness to exercise rights and resort to litigation requires pre-emptive measures that will assist, as and when necessary, in meeting legal requirements.
It is also desirable in order to avoid the time, expense and financial cost (together with the inevitable personal impact on staff) of incurring complaints in the first place.
A risk assessment should be done to identify issues where the organisation may be at risk of complaints and legal disputes.
Firstly, educational organisations need to be mindful of the responsibilities and legal requirements they have and a commitment to fulfilling their role to the best of their individual and collective abilities.
Areas of conflict should be identified – examples include exclusions/disciplinary or admissions. There should be sound policies and procedures for these potential areas of conflict and these need to be kept under regular review. If a complaint is made, then any organisation should learn from their mistakes and review procedures and policies to ensure these are more robust for the future.
Most importantly of all, once there is an agreed procedure then it it vital to follow this to the letter. Breach of procedure is a sure-fire way to cause a problem. In education, a principal’s discretion is rightly an important factor, so do not undermine the principal’s position by failing to follow procedure and risking legal challenge to repeat the process or worse, result in a successful challenge.
Make a commitment to train staff and ensure that each is complying with processes at all times. Ensure that there is sound communication in relation to expectations. Document at each stage and, if a complaint is received, try to mediate to resolve problems and make efforts to redress failings before these turn into disputes or legal claims.
If all else fails, Tollers Solicitors’ dedicated Education Law team can assist and are approachable, accessible and supportive, whatever your requirement. To find out more talk to Tollers on 01604 258558.
