Part VE+W The Curriculum

Modifications etc. (not altering text)

C1Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Chapter IVE+W Miscellaneous and supplementary provisions

Complaints and enforcementE+W

409[F1Complaints and enforcement: maintained schools [F2in Wales] . ]E+W

[F3(1)A local education authority [F4in Wales] shall, F5. . . after consultation with governing bodies [F6of foundation and voluntary aided schools [F4in Wales],] make arrangements for the consideration and disposal of any complaint to which subsection (2) applies.

(2)This subsection applies to any complaint which is to the effect that the authority, or the governing body of [F7any community, foundation or voluntary school maintained by the authority[F8, any maintained nursery school so maintained] or any community [F9or foundation special] school] so maintained which is not established in a hospital—

(a)have acted or are proposing to act unreasonably in relation to the exercise of a power conferred on them by or under a relevant enactment, or

(b)have acted or are proposing to act unreasonably in relation to the performance of, or have failed to discharge, a duty imposed on them by or under a relevant enactment.

(3)In subsection (2) “relevant enactment” means—

(a)any provision which by virtue of section 408(4) is a relevant provision of this Part for the purposes of section 408(1),

[F10(aa)any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),] and

(b)any other enactment (whether contained in this Part or otherwise) so far as relating to the curriculum for, or religious worship in, maintained schools F11. . ..

(4)The [F12Welsh Ministers] shall not entertain under [F13section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties)] [F13Chapter 1 or 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools and local authorities)] any complaint to which subsection (2) applies, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under subsection (1).]

Textual Amendments

F1S. 409 sidenote substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(d) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2Words in s. 409 heading inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(iii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F3S. 409 repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(b), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

F4Words in s. 409(1) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(i), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F5Words in s. 409(1) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 47(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F6Words in s. 409(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7Words in s. 409(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F8Words in s. 409(2) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 47(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4

F10S. 409(3)(aa) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 47(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F11Words in s. 409(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 107(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F12Words in s. 409(4) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)