Everyone has heard “Children are the flowers of life.” Many people really think so, but there are people who simply do not have the patience, skills, and most importantly, the desire to find the right approach to the child. And it is very sad if among such people there are kindergarten teachers.
Where can I complain about a kindergarten if a problem arises? And all parents probably had conflicts with kindergarten staff. And this is not surprising, because every family raises its child in its own way. Some prefer to pamper their children, while others, on the contrary, do not pay attention to their children or have an overly aggressive “policy.” And if kindergarten teachers do not adhere to the same attitude, parents have complaints.
In a kindergarten group, as a rule, there are many children, so it is not always possible to find an individual approach to each child. But these are minor things compared to how incompetent kindergarten teachers can harm their little pupil. Moreover, it is not always possible to reveal their violations, since the children themselves sometimes cannot understand and tell what is happening to them. Therefore, let's take a closer look at what violations can occur in kindergartens and how to deal with them in order to prevent this from happening in the future.
Legislation
The possibility of filing a complaint and the grounds for filing a complaint are regulated by the following acts:
- Law “On Education in the Russian Federation” No. 273;
- Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” No. 124;
- Resolution of the head physician on the approval of SanPiN on the issue of maintenance and organization of the operating regime of DS No. 26 (Sanitary and epidemiological rules and standards SanPiN 2.4.1.3049-13);
- Order of the Ministry of Education and Science of the Russian Federation No. 1155 (norms may be applied in the implementation of preschool education programs);
- Civil Code (Civil Code of the Russian Federation);
- Labor Code (Labor Code of the Russian Federation).
In the case of a private (non-state) DS, it must be registered as a legal entity and obtain a license to engage in educational activities. Therefore, the work of private kindergartens is also regulated by Federal Law No. 129 “On state registration of legal entities and individual entrepreneurs” and Government Decree No. 174 “On approval of the Regulations on licensing of educational activities.” Since a private DS provides paid services to parents, these legal relations are also regulated by the Consumer Rights Protection Law (CPL).
IMPORTANT! Private kindergartens located in residential buildings, in families, and where there is no educational program (but only childcare) should not comply with SanPiN 2.4.1.3049-13 - SanPiN 2.4.1.3147-13 applies to them.
All child care centers, in particular private ones and those located in residential buildings, must comply with the rules set out in Letter of the Ministry of Education and Science of the Russian Federation No. 08-1049 “On the organization of various forms of childcare and supervision.” Kindergartens located in a residential building must meet the standards of SanPiN 2.4.1.3147-13.
The residential building in which the DS was opened must comply with SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.”
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In particular, the law regulates the area and condition of the DS premises, daily routine, quality of food, qualifications of teachers, etc. If any of these requirements are violated, you can write a complaint to the manager or to higher supervisory authorities - this is enshrined in Art. 2 Federal Law-59 “On the procedure for considering appeals from citizens of the Russian Federation.”
Sample
Complaints are written in free form, but there is a clear template, using which you will increase the chances of having it considered. So, your claim must include:
- A title with information about the service you are filing a complaint with; about you; about your contacts;
- The complaint itself – the essence of the claim, circumstances, conflict, reason for the appeal and requirements according to the laws;
Additional information - a list of documentation that you attach as evidence of the manager’s unlawful actions.
Sample complaint against the manager.doc
Reasons for contacting a kindergarten and its manager
Any violation of the rights of parents, children or the workforce, as well as inappropriate sanitary conditions of the premises can be appealed.
For example:
- poor quality nutrition;
- unsatisfactory technical condition of the building (mold);
- unlawful refusal to provide a place in the DS;
- poor care and supervision of children: children fight, they have lice (lice), and the staff does not respond;
- the nurse does not monitor the visits of sick children to the kindergarten or administered the vaccination without the knowledge of the parents;
- regular collections of funds in excess of the monthly fee, especially those for which checks or any documents confirming their acceptance from the parents are not issued.
You should definitely complain to both the manager and the supervisory authorities if you witness rough and cruel treatment of children.
Nurse job
Dissatisfaction with medical staff may be due to:
- Failure to provide medical care to children;
- Failure to perform preventive work;
- Refusal of treatment prescribed by a doctor.
If parents have doubts about the work of the medical staff, then they can talk about this issue with the pediatrician at the clinic. Filling out a complaint will not be difficult, since it is processed according to the same principle. First, it must be addressed to the head, and then to the education department.
Where to complain about kindergarten
The addressee depends on the type of violation. Below we will consider in more detail where and in what case to contact.
Department of Education
Considers abuses by the head, as well as violations by teachers. The department will stop unauthorized collections, help challenge the illegal refusal to admit or exclude a child from the kindergarten, and stop the misuse of the director’s funds.
Ministry of Education
You can contact us for any reason; the body is obliged to control the quality of education completely. Common reasons for complaints are lack of necessary qualifications among staff, illegal removal from the queue at the DS, etc.
Rospotrebnadzor
This is a consumer protection body. Considers any appeals about insufficient quality of work and services. It is worth writing a complaint here if there is poor nutrition in a preschool educational institution, the use of dangerous toys, old and low-quality furniture, etc.
Police or prosecutor's office
You should contact us in case of any serious violation of the law, in particular if, due to the negligence of teachers, a child was injured or poisoned by kindergarten food. It is mandatory to report child abuse.
Labour Inspectorate
This is where you should send a complaint to the DS team in case of abuse by the manager and superiors - understatement of wages, unreasonable fines, insults and other violations of the Labor Code.
Local Education Authority
You can appeal any violations by the head and staff in the field of education and upbringing of children, as well as the quality and schedule of food provision, or illegal refusal of admission to kindergarten.
Deputy Head of Administration for Social Affairs
If the management of the preschool educational institution and the municipal branch of the Department of Education ignored the complaint, they write a complaint to the deputy head of the administration for social issues. You can apply for a wide range of violations, since the administration must completely control the activities of state and municipal institutions.
SES
If stray animals are noticed in the garden, the grass is not mowed for a long time during tick season, or cockroaches are running around the premises, the most effective way is to contact the sanitary and epidemiological station. The injunction and fine usually act quickly and violations are corrected.
Court
If appeals to previous authorities have not yielded results or the child has suffered harm to health, moral or material damage that the parents want to recover, they must go to court, attaching evidence to the statement of claim.
IMPORTANT! The legal period for consideration of complaints by supervisory authorities is 30 days.
Collective statement
Drawing up a collective complaint is provided when several people, parents of different children, make complaints against kindergarten employees.
A collective appeal influences officials more effectively than an individual complaint. The demands put forward in a collective complaint are fulfilled more often.
Both individual and collective claims have a single form of writing. A distinctive feature of a collective complaint is the indication of the names of all applicants and the presence of all their signatures at the end of the document.
How to file a complaint against a kindergarten?
How to issue a power of attorney for a child to a grandmother, read here.
How to file a complaint to the Sanitary and Epidemiological Station, read the link:
A collective appeal is issued both to the kindergarten workers and in the form of a petition to transfer to a certain group or even to another child care institution a child who is dangerous to the health of other children attending the kindergarten.
A collective statement is an exceptional measure of influence that can protect children from communicating with this baby. If the collective complaint is satisfied, the child will undergo a medical examination. As a result, he will be transferred to a special correctional department of the kindergarten.
Where can I complain about the manager?
If the administration uses educational methods in the kindergarten that are not provided for by the ministry, it is better to write a complaint to the local education department. You can also go there if you have illegally refused to admit your child to a preschool institution.
If we are talking about a private kindergarten, where the conditions of detention do not correspond to those initially discussed in the contract, parents can contact the founder of the kindergarten, and then Rospotrebnadzor.
If children are poisoned by poor-quality food or cockroaches or dirt are noticed in the premises, you need to file a complaint with the SES. If labor relations are violated, the manager infringes on the rights of employees or insults them, the team (or the person whose rights have been violated) files an application with the labor inspectorate.
The first step is to contact your local education department. If there is no reaction, then to higher authorities, including the prosecutor's office and the court.
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!
How to submit
There are several ways to make a complaint:
- Personally. To do this, come to the required authority or to the preschool educational institution itself during office hours and write an application in duplicate. The person who accepted the application must put a signature with a transcript, a stamp and the date of acceptance on the second form and give the papers to the person who applied.
- By mail. The complaint is sent in 2 copies, as well as copies of documents, photographs and other evidence by registered mail with a list of the contents and a receipt.
- Through the Internet. On the official website, the authorities fill out the appropriate electronic document form online.
It is necessary to correctly indicate the details of the addressee and applicant. Enter your full name, address and contact telephone number. Many people want to complain anonymously. There is such a possibility, but no agency is obliged to respond.
In the event of illegal actions by personnel or management of the DS, the law is on the side of parents and children. Therefore, it is necessary to promptly send a claim to the competent authority and demand elimination of violations, as well as compensation for damage if caused.
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:
Nutrition
What products should be included in children's diets and in what quantities are prescribed in Resolution of the Chief Sanitary Doctor No. 91 of July 22, 2010. According to this document, children must be provided with products according to approved standards for 2 weeks. The diet consists of cereals, dairy products, potatoes, meat, bread, fruits, and vegetables. Children must be given fish, cheese, eggs, cottage cheese. The following standards must also be observed:
- Posting menus;
- Dispensing food only when it is accepted by the commission;
- Storage of food samples for 48 hours.
Further events
Once a complaint is filed, a response will be received within 2 weeks. This can be done via call or email. The request is subject to verification. The applicant should know about the results. If there is no answer for a month, then this is the reason for contacting a higher authority.
When defending the rights of a child, it should be taken into account that he will attend the same institution. Therefore, if the situation is not critical, then the best option would be a peaceful solution to the problem. If measures are taken, then the child can continue to go to kindergarten, but parents still need to control his presence there. In the event of conflict situations, the same methods should be followed.
