C1 Part V The Curriculum
Chapter IV Miscellaneous and supplementary provisions
Complaints and enforcement
409F1Complaints and enforcement: maintained schools.
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2
This subsection applies to any complaint which is to the effect that the authority, or the governing body of F4any community, foundation or voluntary school maintained by the authority F7, any maintained nursery school so maintained or any community 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),
F5aa
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 F6. . ..
4
The Secretary of State 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).
Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57