Complaints Procedure Required of ECE Services and Your Rights as a Complainant
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Parent Support and Information.
All ECE Services are required to have a procedure people should follow if they wish to complain about non-compliance with the Regulations or licensing criteria.
The written complaints procedure must state that parents have an option to contact the local Education Review Office and include the contact details of the local ERO.
It is not a legal requirement that complaints have to be made first to the service provider or to any person associated with the service.
For guidance on making a complaint see our guide on how to make a complaint.
To report an incident of child harm or potential harm, see our step‑by‑step parent guide
Informing parents of the complaints procedure
Every early childhood service is legally required to have a complaints procedure along with contact information for the local Education Review Office (ERO). You are not required to follow the service’s internal procedure but the service must make its procedure accessible and easy for you to find, without you having to ask for it or wait for it. Government has removed the requirement for services to display their complaints procedure for parents, so some services now only make it available on their website or parent portal. Even so, the information must still be readily accessible. If it is not, this is a regulatory breach, and you have the right to report that breach.
Your right to complaint, be listened to, and have your privacy respected
You have the right to:
- request an investigation
- ask ERO to conduct an unannounced visit to observe actual practice
- ask for copies of all records held by the service, Police, or ERO
- have your identity protected (or escalate to the Privacy Commissioner if it is not)
- involve a lawyer to represent your interests
- take a private prosecution if you believe the matter warrants it
- to escalate to the Ombudsman if you believe:
- your complaint was refused because you did not want to personally raise it with the service first
- you weren’t listened to
- your complaint wasn’t properly investigated
- the action taken against the service wasn’t strong enough
- the outcome feels unfair for example, the service quickly produced paperwork that contradicts your experience, leaving you feeling powerless or dismissed
- no official record of your complaint was made, leaving other parents and the public unaware that a complaint existed and the issues
- the matters you raised were not documented for future monitoring
Use the Ombudsman’s online complaint form to request an independent investigation into how ERO and the Director of Regulation handled your complaint.
Health reports
As part of investigating any service for compliance with regulatory requirements, ERO may direct a service to obtain a health report to determine compliance with requirements related to:
- Floor surfaces.
- Art materials clean up facilities.
- Lighting, ventilation, room temperature, water temperature, sounds levels.
- Food and drink preparation, storage, serving.
- Toileting, hand washing/ drying, nappy changing, privacy.
- Managing hurt, sick, or soiled children.
- Sleep furniture, linen, process.
- General hygiene of premises, furniture, fixtures, fittings, equipment, and materials.
- Animals.
Failing to meet minimum standards
The Director of Regulation and ERO needs to know:
- If you are concerned children’s needs are not being met.
- If you are concerned a service is not meeting a minimum legal requirement.
Further information
How to make a complaint and your options.
Guide to reporting a serious incident – child harm or potential harm
Regulations on first aid and injury management
Regulations on hazards and health and safety management
CAUTION: This page and the information here is provided as part of the My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents (The Guide). The Guide does not purport to be a full and accurate interpretation of all statutory provisions relating to early childhood education services. While best efforts have been used in preparing this guide, no representations or warranties of any kind are made and My ECE assumes no liabilities of any kind with respect to the accuracy or completeness of the content. Please note that the Government and Ministry of Education may change, update, or alter any of the requirements at any time. Please help to keep the information on this page up to date by letting us know of changes that need to be made.
Thank you! Kia pai te rā
Reference:
My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents. Prepared by Dr Sarah Alexander and Warwick Marshall.
