Problems with schools and early childhood services

If you have a problem with an early childhood centre or school, or do not agree with their actions or decisions that affect you or your child, you can do something about it.

Early childhood services

If you have a problem with your early childhood centre or service, try talking with the staff first, either directly with the staff member involved or with the supervisor, head teacher or manager. If your problem is based on a simple misunderstanding, it may easily be fixed. Ask if they have a complaints procedure you can use and ask for a copy. You may be able to get your issue resolved through this.
 

Contacting a governing body

If you are not satisfied with the outcome, contact the early childhood service’s governing body. This will be the organisation which owns the service or is responsible for it - this may be the parent organisation, an association, a board, a council, or a private owner/employer.

Contact them in writing. In your letter state clearly:

  • What you believe the problem is
  • What has happened so far and what you would like to happen
  • Where or how they can contact you.

To help you prepare your case, find out about any regulations or quality standards the service is supposed to meet. The Ministry of Education may be able to provide this information and give advice on complaints procedures. If you are still not happy with the response to your written complaint, you may be able to complain to an independent organisation, depending on the nature of your complaint. (Check below for organisations and government agencies that can help.
 

Schools

If you have an issue with a school, first talk directly with the teacher concerned. If you find it difficult to approach the teacher, speak with the senior teacher, head of department, or the principal. Make an appointment first, so you can arrange a suitable meeting time.
 

Contacting the Board of Trustees

If you are not satisfied with the response from teachers and the principal, contact the school’s Board of Trustees. They are responsible for school policies, including procedures for investigating and resolving complaints. Ask for a copy of their complaints procedures. This will usually ask you to put your complaint in writing to the Board of Trustees - write to the Chairperson and send it to the school. State clearly:

  • What the problem is
  • What has happened so far and what you would like to happen
  • Where or how to contact you

To help you prepare your case, look at the school charter - this says in general terms what the school aims to do for its pupils and how it intends to do it. The Board of Trustees must look at your complaint. They will write to you and state what they decide should be done. You may be asked to go to a board meeting to talk about the problem.
 

Other options for action

If you are unhappy about how the school is being run you could stand for election to the school’s Board of Trustees. However, the next scheduled election may not be for a number of years. You could choose to move your child to a different school which better meets your child’s needs. Check first if the school you choose has an enrolment scheme and whether your child meets the criteria. If you want to change the way a school does something, consider joining with other like-minded parents for support and approach staff or the Board of Trustees with your ideas.
 

School legal issues

New Zealand law sets out what schools can do in relation to:

  • Acceptable forms of school punishment e.g. detention
  • Suspension or expulsion
  • Truancy
  • Searches and confiscating personal belongings
  • School ‘fees’, donations or other charges
  • Providing a safe environment - this can include setting school rules on fighting or stealing.

Schools are also required to act according to the law on discrimination, human rights and privacy as other public organisations. Most school rules are not set out in law but reflect reasonable standards of behaviour, e.g. wearing school uniform, being on time for class, swearing or bullying. But schools are supposed to follow guidelines about how rules may be changed - this includes consulting with parents or caregivers before rules are changed. The school must set out in writing its policies and procedures, especially those required by law, and have a policy on school discipline that clearly states the rules and what may happen if they are broken.
 

Complaining to an independent body

If you are unhappy with the school’s or early childhood service’s own complaints procedure, your next step depends on what your problem is about. This table will help identify which organisation may be able to take your complaint further.
 

Nature of the problem
Who you could contact
Information and advice on complaints procedures in early childhood centres or services
Early Childhood Development
What is being taught and how it is taught at an early childhood service or school
Ministry of Education and/or the Education Review Office
Safety of equipment, accommodation or grounds
Education Review Office or Ministry of Education
Safety or protection of children from abuse or Neglect
Child, Youth and Family or the Police
Discrimination
Human Rights Commissioner
A decision made by the Board of Trustees or difficulty in getting information from the Board of Trustees
Ombudsmen
Confidential information has been misused, lost, altered or disclosed in an unauthorised way
Privacy Commissioner
General status, position or treatment of children if the law has been broken
Commissioner for Children. Police or a lawyer - generally the Police if you think a criminal act d has been committed, or a lawyer if a civil law has been breached

Government agencies

The Ministry of Education provides policy advice to the Government on education and also implements Government policies. They are also the licensing authority for early childhood services and monitor these services to make sure they carry out their legal responsibilities. Offices are located around the country - check your phone book or visit www.minedu.govt.nz Alternatively, you can email the Early Childhood Information Centre (part of the Ministry of Education) at: ece.info@minedu.govt.nz. They provide information, advice and support on early childhood education to parents, caregivers and people working in early childhood services. Education Review Office (ERO) reviews schools and early childhood centres and reports publicly on the education and care of students. They also inspect, evaluate and provide reports that include recommendations or actions a school board of trustees or early childhood centre must take if the quality of education and care provided is not satisfactory. You can get a copy of the latest ERO report on a school or early childhood service from your local ERO office or from their website.

If you have concerns about a school or early childhood service, you can contact ERO and ask them to look into your complaint at their next scheduled review. If a complaint is serious, the ERO may carry out a special audit. ERO offices are located around the country - check your phone book for details or visit their website: www.ero.govt.nz.

The Office of the Commissioner for Children is concerned with the care, protection and development of children and young people. This includes acting as an
advocate for children. Contact: PO Box 12 537, Wellington 6144, or call: 0800 224 453 or visit their website: www.occ.org.nz. Child, Youth and Family is the government agency which has the legal responsibility to act for the care and protection of children. If you have any concerns about the safety or protection of children from neglect or abuse contact 0508 FAMILY (0508 326 459). You can also visit their website: www.cyf.govt.nz.

Human Rights Commission deals with complaints of discrimination. This includes race relations. Call: 0800 496 877 or visit their website at: www.hrc.govt.nz for more information.

Office of the Ombudsmen investigates complaints about the actions and decisions of government departments and agencies. They can investigate problems between parents and a school’s Board of Trustees. You can also contact them if you are having problems accessing official information which affects you or which has an impact on the problem you are having with a public organisation. You can phone them on: 0800 802 602 or visit: www.ombudsmen.govt.nz.

Privacy Commissioner deals with complaints about the collection and use of personal information. Contact the Privacy Commissioner on: 0800 803 909 or visit their website: www.privacy.org.nz.
 

Resources

Many community law centres have information sheets on suspension and expulsion from school. Wellington Community Law Centre has a book called Schools and the right to discipline: a guide for parents. Contact the Wellington Community Law Centre, PO Box 24 005, Wellington 6142, or call: 04 472 2320 or visit www.communitylaw.org.nz/Fact-Sheets-amp.3.0.html to download the document.


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