Complaint against the head of a kindergarten: sample, how and where to write

Heads of kindergartens do not always take responsibility for fulfilling their official duties. They abuse their powers, use their official position for personal gain, and even violate the civil rights of their students. However, parents do not always complain about managers, fearing that this will negatively affect their children. But by taking this position, they are making a serious mistake. Firstly, a filed claim may become the basis for the dismissal of such an employee, and, secondly, no one will conflict with a person who can protect his rights and legitimate interests.

What can you complain about?

The rights and functional responsibilities of the director are determined by the charter of the kindergarten and the norms of current legislation. Such a specialist is obliged to manage the work of the institution, solve methodological and financial issues, rationally use the allocated funding and participate in the development of educational programs. Considering the range of powers, a citizen has the right to complain about the manager if she:

refuses to consider a complaint filed against the actions of a preschool employee;
demands a charitable contribution for admitting a child to the group, citing the lack of free places;
violates children's rights and relevant legislation;
refuses to provide a financial report on the use of funds;
does not react to non-compliance with norms and standards in the kindergarten entrusted to her;
conducts illegal collections of funds, etc.

Unsanitary conditions in the catering unit or in the group premises may also be grounds for contacting the supervisory authority.

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?

If parents believe that the director of the kindergarten is breaking the law or making decisions not in the interests of the children, they will have to file a complaint with the supervisory authority. Depending on the situation, you can first file a formal complaint with the preschool institution and demand that the head of the school explain her actions (inaction). If there is an answer, it will be easier to get a reaction from the supervisory authorities, especially if the complaint is subsequently filed not by one parent, but by a group of people (collectively).

Based on the violation in question, a citizen can appeal to the following authorities:

Department of Preschool Education of the Russian Federation. Excess of official authority, irresponsible attitude to duties, violation of the rights of children and parents are grounds for filing a complaint with the Department. In most cases, this is enough to resolve the situation or achieve the dismissal of the employee (if serious violations are identified).
Rosobrnadzor of the Russian Federation. If a parent is not satisfied with the quality of education in a preschool institution, he should contact Rosobrnadzor of the Russian Federation. But it is worth filing a claim with this Federal Service even if the Department did not respond to the appeal or did not satisfy the requirements put forward by the citizen.
Prosecutor's office. Corruption, monetary extortions and misuse of funds are direct indications for contacting the Prosecutor's Office. In addition, this Office may accept a citizen’s complaint if other supervisory authorities have refused to consider it.
Rospotrebnadzor. You can complain to this Office about the unsatisfactory condition of the premises, unsanitary conditions and poor quality food. Given the seriousness of the situation, it is better to contact your territorial unit, which will respond to the complaint faster.
Court. The last authority where a parent whose request has been rejected by other agencies can turn is a court of general jurisdiction. Any citizen who wants to receive monetary compensation for moral or material harm caused can exercise the right to a judicial settlement of a conflict. On the other hand, the Prosecutor’s Office may act as the initiator of legal proceedings if, based on the results of the inspection, it is determined that the director of the kindergarten has violated the law.

Facts of corruption should be reported to the Prosecutor's Office.

Grounds for filing a complaint

Before filing a complaint, it is necessary to find out what grounds for filing a complaint exist, and what violations the parent has the right to complain to higher authorities, and in what situations it is worth avoiding filing a complaint.

The reasons for filing a complaint against a kindergarten are varied and many, the most common include:

the disappearance without a trace of funds given to the kindergarten;
the head of the kindergarten is irresponsible and negligent in his or her assigned duties;
the manager does not accept respectful treatment, ethical standards and subordination with parents and their children in communication, is rude and does not know how to conduct a civilized dialogue;
the method of education used in the kindergarten does not comply with current and generally accepted standards;
when teaching children in kindergarten, programs are used that do not have the stamp “Approved by the Ministry of Education”;
violence and illegal actions are used against children;
Kindergarten workers commit various violations, but the manager does not react at all to the complaints put forward by parents.

There are many reasons for making a statement. The reason for submitting the application is the main determining factor as to where you will need to apply and to which organizations. The form and sample text of the complaint do not differ in presentation and do not depend on the type of organization to which it is sent.

Both parents of children attending the kindergarten and employees working in the organization can complain about the head of a preschool institution.

Employees file a complaint if the following situations occur:

the rights of a preschool employee, which are described in the current charter, employment contract and individual job descriptions of the organization, are ignored or violated;
the director of the kindergarten does not fulfill his immediate professional responsibilities;
There are other violations that are related to the activities of the preschool organization.

The Department of Education, the higher Ministry of Education, the State Labor Inspectorate or the Prosecutor's Office are involved in the consideration of such situations and accept complaints individually or collectively against the head of the kindergarten.

How to file a complaint

If we are talking about a serious offense or the task is to protect the rights of a minor citizen, you should not limit yourself to oral communication. In this case, it is necessary to draw up a written complaint, which will be registered with the supervisory authority in the prescribed manner. Such a document must contain the following information:

name of the Department (you can address the claim to a specific official);
applicant's details (full name, postal address, current telephone number);
name, number and address of the kindergarten in which the conflict situation arose;
description of the incident with details and facts (what actions of the manager the applicant is dissatisfied with, how this was expressed, whether there was an attempt to resolve the conflict without supervisory authorities, etc.);
details of the official with whom the conflict arose;
references to legislative acts that were violated (despite the fact that this is an optional condition, the presence of such information will speed up the process of considering the complaint);
list of requirements: conduct an inspection, hold the official accountable, etc.
list of applications.

The more additional materials a citizen can provide, the easier it will be to achieve satisfaction of the put forward requirements. Collective appeals enjoy a special advantage and are always given special attention.

If the applicant provides unreliable or deliberately false information in the complaint, he may be subject to criminal liability for libel.

Responsibility of kindergarten employees

A complaint cannot be left unanswered. The period for reviewing the document is regulated by current legislation. It is 30 days from the date of receipt of a written complaint against the kindergarten. In some situations, the period may be extended by another month. If a decision is made to increase the time limit, the applicant must be notified of this, indicating the reason for this.

IMPORTANT

The response to the appeal must contain the decision made on the request and a description of the actions taken to correct the current situation. If a person is dissatisfied with the decision made, he has the right to appeal to a higher authority or file an application in court. The claim must be supported by evidence. Their absence will reduce the chances of a positive decision. You should contact higher authorities only if you are confident that you are right. In another situation, a person risks wasting time and money. To simplify the proceedings, a citizen has the right to contact a highly qualified lawyer and receive preliminary advice.

Complaint about poor nutrition

Small portions (underweight), the use of low-quality products, unsanitary conditions in the food section - this is not the entire list of violations that parents often encounter. Despite the fact that the head of the kindergarten is not directly involved in the food preparation process, she is obliged to supervise the work of the catering staff.

To resolve a food issue, in most cases it is not enough to make an oral or written complaint to the manager. In most cases, she is aware of the violations, but cannot or does not want to correct the situation (in particular, it is possible that she appropriates part of the imported products or replaces them with cheap analogues). Considering that the child’s health depends on the quality of nutrition, you should not delay contacting the supervisory authorities. But in order to achieve the necessary reaction, in such a situation you should act according to the following algorithm:

Enlist the support of other parents. A complaint filed on behalf of one applicant will not bring the desired result, especially if there is no conclusive evidence of violations in the kindergarten. In this regard, it is worth trying to enlist the support of other parents, which will be very difficult to do. Fearing that participation in the conflict will affect the attitude towards the child, many will refuse help and assistance.
Collect evidence base. As a rule, kindergartens underestimate the weight of portions or use low-quality products for preparation. To prove the fact of a violation, you can come without warning to check the quality of food, which any parent has the right to do. The process of weighing portions can be recorded on a video camera, and based on the results of the check, a report can be drawn up, which will be signed by all members of the initiative parent group. If we are talking about poor-quality nutrition (for example, there is no meat in the cutlet, but only bread), a conclusion from a specialized laboratory will be required. But in this case, the sample must be taken in compliance with legal requirements, otherwise the supervisory authority will not take into account the results of the examination.
Contact the manager in writing, who is obliged to respond to the complaint. If she ignores the demands put forward, she will have to take help from higher authorities.
Send the document to the supervisory authority (Department of Preschool Education, Rospotrebnadzor or court). The claim can be written using the following example.

A deterioration in a child’s health is a direct indication for checking the quality of nutrition in a kindergarten. If there is an appropriate medical report, it will be easier for the parent to obtain a reaction from the supervisory authority.

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.

Question answer

Question: Due to personal hostility, I had a conflict with the head of the kindergarten, and now she is trying to force us to take away the documents. As I learned, she sent a letter to the clinic where her son is being seen, requesting information about his state of health. She was refused to provide the data, citing medical confidentiality. I filed a complaint about this with the Prosecutor's Office and the Department of Preschool Education. In response to this, they complained about me to the Inspectorate for Minors. The inspector has already been there, there are no complaints against me. But, given the circumstances, can I complain about such actions to the supervisory authorities?

Answer: Due to the fact that the provision of information about the state of health was refused, there cannot be any talk of a violation of the law or rights. On the other hand, if false information was provided when submitting a document to the Inspectorate, the official can be held liable for libel (under Article 128.1 of the Criminal Code of the Russian Federation).

Question: They refuse to admit a child to kindergarten, explaining this by the lack of free places. But we don’t have the opportunity to take our child to a different area every morning. At the same time, we see that those who stood in front of us in the electronic queue have already received their seats. What to do in such a situation?

Answer: Perhaps in this case we are talking about abuse of authority. Children whose parents are beneficiaries (for example, military personnel) have an extraordinary right to receive free places. Any other movement within the electronic queue is a violation of the law. To understand the situation, it is better to contact the Department. But if there is evidence that places are “for sale,” you should immediately complain to the Prosecutor’s Office.

Question: There is a boy in our group who cannot be controlled by the teachers. He bites, acts aggressively and hits other children. Numerous appeals from parents did not bring the desired result. The manager ignores all the demands, citing the lack of opportunity to force parents to pick up the documents. What is the right thing to do to protect children's rights?

Answer: If a collective complaint does not bring the desired result, you should contact the Department or court. But first, you should notify the manager of your intention to complain about her inaction to a higher authority. Considering that this could result in disciplinary action for her, she will most likely reconsider her decision.

Responsibility of kindergarten employees

In addition to the education and upbringing of children, the main task of preschool educational institutions is to ensure complete safety of life and health of minors, as well as to prevent traumatic situations. Organizations are obliged to create favorable and safe areas for a child to spend time and learn. Organizations also bear financial responsibility. They are obliged to monitor the safety of the pupils’ personal belongings.

For your information

Having received the complaint, specialists from the authorized body will conduct an investigation of the incident. The teacher or other employee who caused the violation will be held accountable. It depends on the severity of the injuries received or the amount of property damage caused. The kindergarten is obliged to pay all expenses that the minor’s parents incur in connection with the restoration of the child’s health or lost things.

The financial liability of a preschool educational institution can be insured. Taking action allows you to create a fund to settle claims from victims. The cost of such insurance is about 30,000 rubles. In this case, the insurer will take over the settlement of claims.

The legislative framework

When filing a complaint, you should be guided by the following legislative acts:

The Constitution of the Russian Federation, adopted on December 12, 1993 (as amended on July 1, 2020).
Federal Law “On Education in the Russian Federation” dated December 29, 2012 N 273-FZ (as amended on July 31, 2020).
Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” dated July 24, 1998 N 124-FZ (as amended on July 31, 2020).
Federal Law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992. N 2202-1 (as amended on July 31, 2020).
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006. N 59-FZ (as amended on December 27, 2008).