Education Act 1996

Complaints and enforcement E+W

409 [F1 Complaints and enforcement: maintained schools [F2 in Wales] . ] E+W

[F3 (1) A local education authority [F4 in Wales] shall, F5 . . . after consultation with governing bodies [F6 of foundation and voluntary aided schools [F4 in 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 [F7 any community, foundation or voluntary school maintained by the authority[F8 , any maintained nursery school so maintained] or any community [F9 or 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 [F12 Welsh Ministers] shall not entertain under section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties) 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

F1 S. 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

F2 Words 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)

F3 S. 409 repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(b), 269(4),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

F4 Words 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)

F5 Words 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

F6 Words 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

F7 Words 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

F8 Words 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

F9 Words in s. 409(2) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(4); S.I. 2013/1800, art. 3(j)

F10 S. 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

F11 Words 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

F12 Words 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)