LawSense Dealing With Difficult Parents Masterclass

Dealing with Challenging Scenarios, Managing Communications & Meetings, Optimising Staff Training, Implementing Best Practice Policies & Codes of Conduct,

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Program

SESSION 1 – 16 OCTOBER 2024 – LEGAL FRAMEWORK AND COMPLEX SCENARIOS

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

12.10    Understanding the Difficult Parent and Examining the Relevant Legal Framework

• Exploring the sources of parent complaints in schools and understanding the difficult parent
• Understanding the applicable laws, including contracts, duty of care and new laws on managing psychosocial hazards to staff in schools
• Examining how the new laws on psychosocial hazards affect management by the school of parent interactions
• Examining the school’s obligations in practice to students and staff in managing difficult parents
• Understanding when and how you can implement more robust options:
  • restricting or limiting communication with the parent
  • restricting the parent from involvement in school activities
  • banning a parent from a school

Navigating Complex Complaints Including Student Disability, Separated Parents, Responses to Student Discipline, Parents on Social Media

‘Vexatious’ Parents Bullying Staff

• Assessing whether a parent is “vexatious” or bullying staff
• Understanding what particular legal rights and obligations apply
• Considering the approach that should be taken

Parents of Students with a Disability

• Exploring common causes of complaint escalation and conflict
• Following a process and consulting to ensure you have a defensible position
• Responding to parent requests to provide certain adjustments

Separated parents

• Understanding the School’s role
• Exploring unique challenges in dealing with parents in conflict including
  • parents demanding information
  • attending school contrary to Court Orders
  • contrary views of parents on student issues

Responses to Student Discipline

• Procedural fairness, documentation and avoiding the landmines

Online Criticism

• Responding to posts or messages online – understanding the legal position of the school and/or staff targeted and potential pitfalls
• Approaching websites, blogs or social media platforms to have material removed. What are your options where material is hosted offshore?
• Effectively dealing with the parent posting the material

Jennifer Patterson, Partner, MinterEllison

1.40      Closing Remarks

1.45      Session Close

SESSION 2 – 23 OCTOBER 2024 – MANAGING COMMUNICATIONS & MEETINGS & IMPLEMENTING STAFF TRAINING

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Natalie Charles, Principal, St Catherine’s School, Toorak

12.10    Managing Communications, Meetings and Mediation to Optimise Management of the Difficult Parent and Protect Your Legal Position

• Developing a communications strategy in dealing with difficult parents
• Exploring options for informal or formal mediation
• Managing communications:
  • when to phone, email, meet, negotiate or mediate
  • dealing with requests by parents to record communications or meetings
  • taking and distributing notes of meetings or other interactions
  • managing meetings or communications where the parent is using or wishes to include a lawyer or barrister
• Using “Without Prejudice” communications to try and negotiate an outcome without prejudicing your legal position
• Exploring best practice letter templates
• Implementing effective record keeping to protect your legal position – understanding what you should record and who should be keeping notes of records
• Knowing when to get lawyers involved

Exploring Best Practice Staff Training to Meet Obligations and Deal with Complaints and Difficult Parents

• Identifying staff roles interacting with difficult parents in schools
• Designing staff training to meet challenges in your school context

Steven Troeth, Partner, Gadens

1.40      Closing Remarks

1.45      Session Close

SESSION 3 – 30 OCTOBER – BEST PRACTICE POLICIES & PARENT CODE OF CONDUCT

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Nikki Kirkup, Principal, The Knox School

12.10    Developing/Updating Policies to Effectively Manage Difficult Parents and Ensure You Meet Obligations to Staff, Students and Other Parents and Stakeholders

• Exploring best practice frameworks encompassing polices for:
  • receiving, triaging, and escalating parent complaints
  • managing difficult parents
• Examining key objectives in developing effective complaints polices, including ensuring:
  • parents have an appropriate outlet to be heard and are discouraged from ventilating concerns externally
  • there are adequate internal grievance resolution procedures available
  • parent issues are dealt with objectively and sensitively
  • bad school decisions, misconduct, cultural and systemic issues are identified and addressed
  • issues are dealt with by the appropriate person, and in a way which does not undermine the effective operation of the School
• Understanding how policies should be modified to meet your school context
• Examining key content to include in complaints polices and policies addressing difficult parents

Writing and Enforcing an Effective Parent Code of Conduct

• Understanding the potential role of a parent code of conduct in managing difficult parents
• Examining when and how a parent code of conduct should be enforced.
• Examining key aspects to cover in a parent code of conduct
• Communicating the code of conduct to parents and the school community

Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)

1.40      Closing Remarks

1.45      Session Close

Presenters / panelists include:

	Dr Gareth Leechman has been Headmaster of Arndell Anglican College since 2010, prior to which he was Headmaster of Clarence Valley Anglican School and before that was Head of History and Head of House at Shore School. He is currently the National Chair of AHISA and has served as the immediate Deputy Chair of the State Branch of AHISA (NSW/ACT) and as Chair of HICES (Heads of Independent Co-Educational Schools NSW).
	Jen Patterson has extensive experience as an industrial relations, employment and WHS law advisor. Jen has particular expertise advising schools. She has acted for the Association of Independent Schools in NSW for more than 20 years and sits on their Employee Relations Committee. Jen was the lead adviser to the AISNSW on industrial strategy for its member schools following the two most recent legislative reforms.
	Natalie Charles commenced her role as Principal of Mentone Girls’ Grammar School in 2020. She was appointed to the position by the Mentone Girls’ Grammar School Council, not only for her sectoral experience and outstanding educational leadership but also for her passion, empathy and humour, and fierce commitment to excellence in girls’ education.
	Steven Troeth has extensive experience in the education sector, including acting for independent and Catholic schools. He advises on employment, student and parent issues, including staff and teacher disputes, discrimination, bullying, cyber and social media issues, enterprise agreements and contractual disputes.
	Nikki Kirkup is the Principal of The Knox School in Melbourne; an ELC – Year 12 co-educational independent school in Melbourne’s South-Eastern suburbs. With over 20 years of experience, Nikki, originally from the UK, has amassed a wealth of experience in the field of education having held significant leadership roles in schools in Switzerland, the UK and Australia.
	Ben Tallboys provides sector-specific, practical legal solutions to schools across Australia. Ben is a passionate and effective advocate for principals dealing with complex matters relating to parents, staff and students, as well as their own employment.

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