Part IX Ancillary functions

Chapter I Ancillary functions of Secretary of State

General functions

C1C2C3C4C5C6C7C8C9C10C11C12C13C14497C14 General default powers.

1

If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—

a

declaring the body to be in default in respect of that duty, and

b

giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.

2

The bodies to which this section applies are—

a

any local education authority, F1and

F2b

the governing body of any community, foundation or voluntary school F3, of any community or foundation special school, or of any maintained nursery school .

3

Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

F54

The Secretary of State may not make an order under this section in respect of a matter that—

a

has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or

b

in the Secretary of State’s opinion, could have been so complained about.

5

Regulations may disapply subsection (4) in relation to cases where a complaint about the matter has been made to the Secretary of State by—

a

a prescribed person, or

b

a person of a prescribed description.

F46

This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).