(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
I1S. 206 in force at 19.4.2010 for specified purposes by S.I. 2010/303, art. 5, Sch. 4 (with arts. 9-11)