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Complaint mbo.
You may have complaints about your child's vocational education. Where can you go? And who can help you? You can read this in this article.
What does the law say?
Since 1 August 2023, the law changed about the legal protection of vocational students. This change makes sure that you as a vocational student are treated fairly and know where to go if you disagree with something.
This law makes it clearer where you can go if you have a complaint or want to appeal. Vocational schools must have a desk (an accessible facility) for this. This desk is where you send complaints, objections, or appeals. The desk sends it to the right person or committee. It is smart to decide yourself first if you have a complaint, objection, or appeal.
Complaints: where can you go?
You can send a complaint about the behaviour of teachers, the school governing body, or other staff at the school. 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 vocational school. They advise the school governing body on how to handle the complaint. Vocational schools can join the complaints and objections committee of Onderwijsgeschillen. If they join, they can send the complaint there. The school governing body gives you written information about the result of your complaint.
Objection
If you disagree with the written decision of the vocational school, you can object. This can be about registration, deregistration, or suspension, for example. You send your objection to the desk. They send your objection to the school governing body. The school governing body sends your objection to an independent dispute advisory committee.
Vocational schools can join the complaints and objections committee of Onderwijsgeschillen. If they join, they can send the objection there. The school governing body must decide within ten weeks after they get your objection. If you disagree with that decision, you can appeal to the administrative law division of the council of state.
Note: you cannot object against a decision of the examination committee, examiner, or the binding study advice. But you can appeal directly to the committee of appeal for exams.
Administrative law division of the council of state
After the objection procedure or after the procedure at the committee of appeal, you can file an appeal with the administrative law division of the council of state. You send this appeal directly to them. There is no higher appeal after this.
Committee of appeal for exams
If you disagree with the binding study advice or the decision of the examination committee or an examiner, you can appeal. The committee of appeal for exams handles this. You send your appeal to the desk. They send it to the committee of appeal for exams.
The committee starts an investigation and asks for all needed information. Within four weeks (with a possible extension of two weeks) they give a decision. The committee cannot make a new decision about your exams or study advice.
Contact us
Making a complaint is complicated for many parents and students. It often involves many steps. Our advice point can advise you and help you find your way. For legal advice, contact the legal desk or a legal advisor.
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