Part V E+W The Curriculum

Modifications etc. (not altering text)

C1 Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Chapter IV E+W Miscellaneous and supplementary provisions

Complaints and enforcement E+W

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

(1) A local education authority shall, with the approval of the Secretary of State and after consultation with governing bodies [F2 of foundation and voluntary aided schools,] 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 [F3 any community, foundation or voluntary school maintained by the authority 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), 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 F4 . . ..

(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).

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(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

F3 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

F4 Words in s. 409(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 107(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1