Complaint mbo.

What does the law say?

Since 1 August 2023, the law changed about the legal protection of mbo students. This change makes sure you are treated fairly and that you know where to go if you disagree with something.

The law shows more clearly where to go if you have a complaint or want to object or appeal. Mbo schools must have a desk (an accessible facility) for this. This desk is where you can send your complaint, objection, or appeal. The desk forwards it to the right person or committee. It is smart to decide in advance if you have a complaint, objection, or appeal.

Complaints: where can you go?

You can complain about the behavior of teachers, the school governing body, or other school staff. Your complaint cannot be about a content decision. If you have a complaint, you send it to the desk (the accessible facility). They send your complaint to the complaints committee.

The complaints committee has at least three members who do not work at the mbo school. They advise the school governing body on how to handle the complaint. Mbo schools can join the complaints and objection committee of Onderwijsgeschillen. If they join, they can send the complaint there. The school governing body finally gives you written information about the outcome of your complaint.

Objection

If you do not agree with the written decision of the mbo school, you can object. This can be about things like registration, deregistration, or suspension. You send your objection to the desk and they send the objection to the school governing body. The school governing body sends your objection to an independent dispute advice committee.

Mbo schools can join the complaints and objection committee of Onderwijsgeschillen. If they join, they can send the objection there. The school governing body must decide within ten weeks after receiving your objection. If you do not agree with that decision, you can appeal to the administrative law division of the Council of State.

Note: Against a decision of the examination committee, examiner, or binding study advice you can not object but can appeal directly to the board of appeal for exams.

Administrative law division of the Council of State

After the objection procedure or the procedure at the board of appeal, you can appeal to the administrative law division of the Council of State. You send this appeal directly to them. You cannot appeal further after this.

Board of appeal for exams

If you do not agree with the binding study advice or the decision of the examination committee or an examiner, you can appeal. The board of appeal for exams handles this. You send your appeal to the desk and they send it to the board of appeal for exams.

The board starts an investigation and collects all needed information. Within four weeks (with a possible extension of two weeks), they give a decision. The board cannot make a new decision about your exams or study advice.

Contact us

Making a complaint is a hard process for many parents and students, with many things involved. Our advice point can advise and guide you. For legal advice, contact the legal desk or a legal advisor.