Apprenticeships, Skills, Children and Learning Act 2009

206 Complaints to which this Chapter applies E+W

(1) This Chapter applies to a complaint against a school made by—

(a) a parent of a pupil at a qualifying school in England; or

(b) a pupil at such a school.

(2) In subsection (1) “a complaint against a school” means (subject to subsection (3)) a complaint that the pupil or a parent of the pupil has sustained injustice in consequence of—

(a) an act of the governing body of the school; or

(b) an exercise of, or failure to exercise, a prescribed function of the head teacher of the school.

(3) A “complaint against a school” does not include a complaint that relates to—

(a) a decision about admissions to the school;

(b) a matter in respect of which the complainant has or had a prescribed right of appeal.

(4) An act is to be treated as an act of the governing body of a school for the purposes of subsection (2) if it is an act of—

(a) a person acting on behalf of the governing body; or

(b) a person to whom the governing body has delegated any functions.

(5) An act is also to be treated as an act of the governing body of a school if—

(a) the governing body exercises a function by means of an arrangement with another person; and

(b) the act is done by or on behalf of the other person in carrying out the arrangement.

(6) In this section—

(a) “function” includes a power and a duty;

(b) “head teacher” has the meaning given by section 579(1) of the Education Act 1996 (c. 56);

(c) “qualifying school” means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school (within the meaning given by section 22(9) of the School Standards and Framework Act 1998 (c. 31)) or a short stay school;

(d) references to a pupil at a qualifying school are (subject to section 207(6)) references to a person who is, or was within a prescribed period ending with the date of the complaint, a registered pupil (within the meaning of the Education Act 1996) at the school;

(e) “parent”, in relation to a pupil, has the meaning given by section 576 of the Education Act 1996 in relation to a child or young person.

(7) In this Chapter a reference to an act includes an omission.

Commencement Information

I1 S. 206 in force at 19.4.2010 for specified purposes by S.I. 2010/303, art. 5, Sch. 4 (with arts. 9-11)