Parents are the legal representatives of the interests of their children (Article 64 of the Family Code). And if the interests of the child are violated, they have the right to their protection. Sometimes this happens in preschool educational institutions, where instead of comprehensive development, children sometimes go through a harsh school of life, facing violence, humiliation or indifference. A complaint about a negligent teacher often helps to get rid of workers who do not belong in a kindergarten.
Legislation
Federal Law No. 273 of 2012 regulates educational activities in Russia (including kindergartens and schools).
Federal Law No. 124 guarantees the rights of minors.
The agreement between the child’s representatives and the preschool educational institution sets out the obligations and rights of both parties and should not contradict current legislation.
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A complete list of regulations related to the activities of educational institutions is available on the website of the Ministry of Education.
Grounds for complaints
You can write a complaint against a preschool teacher. Causes:
- They don’t play with children or take them for walks.
- They treat their duties negligently, the teachers are constantly not there or they simply don’t look after the children - personal affairs distract them from work.
- The funds intended for the needs of the children and the group are taken by the teacher.
- Rude attitude - as a punishment, some kindergarten employees consider it possible to tape the child’s mouth, put him in a corner in the toilet, or tie him to a chair.
- Refusal to help - young children do not yet know how to fully dress themselves; it is the duty of the teacher and nanny to help.
- Insults and assault are unacceptable; criminal liability is provided for this.
Complaints about unsanitary conditions and poor nutrition are a good reason to file a complaint. But in this case, the teacher is not always to blame; rather, the questions should be addressed to the director of the child care institution.
Punishment for inattention also threatens other employees - a nurse, nanny, music teacher, physical education teacher, speech therapist, etc. When sending a child to kindergarten, a parent wants to be sure of his safety. And it directly depends on the actions of preschool employees.
Management response
From the point of view of Art. 9 of Law No. 59, upon receipt of a written complaint, the official must accept it for consideration by making an appropriate entry in the journal of incoming documents.
Both copies of the complaint are marked with the incoming number and the date the application was accepted for consideration. One copy is given to the applicants, the second remains with the manager.
What is the responsibility for imposed or hidden services in the contract, read in our article.
In accordance with Art. 12 Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation,” the head is obliged to give a written response to the complaint within 30 days to the parents who filed the complaint, which indicates the results of consideration of their appeal and the measures taken against the teacher to confirm the existence of grounds for the complaint.
To whom and where should parents complain?
First you need to try to resolve the conflict by contacting the head of the kindergarten. You can sort out the current situation yourself or submit a written complaint and wait for a response.
If the issue cannot be resolved at the local level, where else can you complain:
- RONO - district (city) department (administration) of education. It would be correct to contact the deputy head of the district for social issues in person or in writing - resolving such problems is within their competence. Or to the head of the department/department.
- The Ministry of Education controls general education institutions. Filling out a claim and the procedure for filing it are no different from other organizations. Copies of applications and responses to them to previous authorities must be attached (for example, official correspondence with the kindergarten management).
- Rospotrebnadzor. This is where people complain about the teacher or the entire kindergarten as a whole. The main reason is unsanitary conditions, poor nutrition, dirt in the group premises, etc. The structure has the right to unscheduled check the work of a general education institution.
- Labor Inspectorate. Due to violations of labor laws, complaints are usually written to management (possibly collectively - from parents and subordinates).
- Prosecutor's office, court - humiliation of a child's personal dignity, beatings, leaving him in danger, insults.
Important! Material damage can only be recovered in court.
An appeal to the regulatory authorities will affect the teacher and his manager, since the attempt to solve everything within the kindergarten was unsuccessful (the manager did not take any action).
The text of the complaint must list the violated legal norms and requirements - what specific result you want to achieve.
Reasons for filing
An agreement is concluded between parents and the kindergarten for the provision of services for the upbringing, development and training of the child. According to this agreement, a preschool educational institution is obliged to protect the life and health of the child and ensure his emotional well-being. The parent at any time has the right to control the implementation of its duties by the kindergarten. It is within the framework of such control that, as a rule, violations on the part of educators and the educational institution itself are identified. They may be:
- unacceptable methods of education, such as nervousness, screaming, physical impact on the child, intimidation, and so on;
- neglectful attitude towards children (children are left to their own devices, the teacher does not monitor them);
- violation of the educational process or the learning process (failure to conduct classes);
- unsatisfactory conditions (unsanitary conditions);
- non-compliance of food with established sanitary standards (low-quality products, non-compliance with food preparation technology);
- misuse of funds collected by parents.
This is not the entire list of possible violations. In any conflict situation that arises, you should first talk with the teacher or head of the preschool educational institution. If during the conversation the conflict is not resolved and measures to prevent the commission of such violations are not taken, you need to file a complaint with the relevant regulatory authorities.
How to correctly write a complaint against a kindergarten teacher
You should not write a statement after the child’s first word, his whims and reluctance to go to kindergarten. A bruise may appear on the playground during a walk, whims in the morning - the child is not in the mood.
It's best to talk to the teacher first. Slander and false testimony are illegal, and parents themselves can be held accountable for this.
The period for consideration of a claim to any authority is 30 days.
The following arguments distinguish a complaint from a slander:
- witness's testimonies;
- medical report (if the baby has physical injuries);
- photos, videos, recordings;
- child's stories.
Negative emotions in the text of the application, profanity, insults and threats are excluded.
Important! It is necessary to preserve documents sent and received at the beginning of the proceedings (from all authorities to which they have already applied).
Ready sample
To write a letter of claim, a form is provided, which can be written in any form. The main thing is to follow the structure of the document:
- “Hat” - from whom and to whom it is written.
- Name - statement, complaint, claim.
- Content - what happened, at what time, the essence of the situation, evidence.
- Conclusion - requirements, date, signature.
If you write collectively (for example, the parent committee is complaining), you will achieve results faster. The application is drawn up in exactly the same way, but signatures are placed by all applicants, and not by just one person.
Transcription of each autograph is required. In the header you are allowed not to list all the parents, but in the application it is necessary. The reply address is the same for everyone.
For your information! Appeals to one teacher or to a kindergarten can be combined into a common cause.
What papers are included?
Even if parents do not have evidence of the teacher’s guilt, they can still file a complaint indicating the source of the information. But to increase the likelihood of obtaining a positive decision, it is advisable to collect materials in advance confirming the guilt of the kindergarten employee.
They can be represented by audio recordings, photographs or videos. If a child has suffered physical or moral harm, then certificates from doctors or the results of a medical examination are used.
The more documents parents prepare, the higher the likelihood that the teacher will be punished for his criminal acts.
How to direct
You can contact any authority in person. The application must be written in advance or on the spot. They come to the director of the kindergarten or to the Regional Educational Institution in accordance with the work schedule. For many parents, getting to the Ministry of Education is problematic.
The complaint is sent by mail. Sending only by registered mail with a list of attachments - all documents are listed. A report on the receipt of the letter by the addressee will be useful in further proceedings as confirmation of a pre-trial settlement.
It is impossible to register all addresses and telephone numbers for each region for local authorities. Contact details of the Ministry of Education of the Russian Federation:
- Citizens' appeal through the website.
- Information about personal reception on the portal.
- Electronic form of appeals.
- Address for letters: Moscow, Tverskaya street, 11. 125993. GSP 3.
Complaining anonymously to the director of the kindergarten or the Department of Education is useless. Even if the application is accepted, it will not be considered. And you can’t wait for an answer - there is no return address.
For your information! The appeal to the Russian Ministry of Education will most likely be forwarded to the department of jurisdiction and territorial location.
Statement from the manager
If any conflict situations arise with kindergarten employees, you should first contact the head of this institution.
The fact is that the manager is a person who knows the situation from the inside and, accordingly, will be able to most quickly take measures to resolve the problem that has arisen.
Reference. In most cases, parents complain to the head of the kindergarten orally. However, if such a conversation does not bring any results, then an official complaint must be sent.
In the future, this document will be needed when contacting higher authorities.
Responsibility
What the teacher faces depending on the severity of the offense committed:
- disciplinary action;
- deprivation of bonus;
- dismissal;
- compensation for material/moral damage;
- penalties;
- criminal liability - expressed in restriction or deprivation of freedom.
Know! The losing party pays the court costs. You should not go to court without a solid evidence base. In addition to paying various state fees, you can receive a counter-charge of libel.
It is the right and responsibility of parents to protect their children. Before running to higher organizations, it is necessary to collect irrefutable evidence. A false slander can complicate the life of a child within a preschool institution. If you cannot achieve justice, contact a competent lawyer.
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:
Terms of consideration
A specific response is given to a complaint that has been received. The time frame for consideration of an appeal is specified in the current legislation. They vary within 30 days from the date of sending a written application to kindergarten.
There are situations when the review period is extended for another 30 days. The applicant will receive a notification about the change in deadlines indicating the reasons that influenced the increase.
Watch the video. The administration of the educational institution cannot demand money!
Reason for contacting the Prosecutor's Office
If kindergarten employees have committed serious offenses that fall under the characteristics of criminal punishment (extortion, violence, both physical and psychological towards children, theft, untimely or ignored provision of medical care and other situations), then the parents contact the supervisory authority (prosecutor's office) with an appeal.
The text describes the identified violations committed by employees of the preschool organization.
An application to the prosecutor's office will allow the administration to be held accountable and compensation for moral or material damage caused. Payment of funds is possible with further transfer of the claim to a judicial authority.
Important! The prosecutor's office is obliged to investigate and study all the facts stated in the appeal within 1 month and notify the applicant of the decision in writing.
If it is discovered that the actions of the teacher or manager have signs of a criminal offense or administrative violation, then the prosecutor sends all collected documents to the police and court.
