Education Act 1996

469 Notice of complaint by Secretary of State. E+W

(1) This section applies where the Secretary of State is satisfied that one or more of the following grounds of complaint apply in relation to a registered or provisionally registered school—

(a) the school premises or any parts of them are unsuitable for a school;

(b) the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages, and sex of the pupils attending the school;

(c) efficient and suitable instruction is not being provided at the school having regard to the ages and sex of the pupils attending it;

[F1 (d) the proprietor of the school or any teacher or other employee employed in the school—

(i) is unsuitable to work with children; or

(ii) is for any other reason not a proper person to be the proprietor of an independent school or (as the case may be) to be a teacher or other employee in any school;]

(e) there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section 87 of the M1 Children Act 1989 (welfare of children accommodated in independent schools).

(2) The Secretary of State shall serve on the proprietor of the school a notice of complaint stating the grounds of complaint which apply together with full particulars of the matters complained of.

(3) Unless any of those matters are stated in the notice to be in the opinion of the Secretary of State irremediable, the notice shall specify—

(a) the measures necessary in the opinion of the Secretary of State to remedy those matters, and

(b) the time, not being less than six months after the service of the notice, within which those measures are required to be taken.

(4) If it is alleged by the notice that a person employed as a teacher or other employee at the school is [F2 unsuitable to work with children or is for any other reason] not a proper person to be a teacher or other employee in any school—

(a) that person shall be named in the notice,

(b) the particulars given in the notice shall specify the grounds of the allegation, and

(c) a copy of the notice shall be served on him.

(5) Any notice of complaint, or copy of a notice of complaint, served under this section shall limit the time, not being less than one month after the service of the notice or copy, within which the complaint may be referred to an Independent Schools Tribunal under section 470.

(6) In this section and sections 470 to 473 “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of 19.

Annotations:

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Amendments (Textual)

F1 S. 469(1)(d) substituted (2.10.2000) by 2000 c. 14, s. 100(1); S.I. 2000/2544, art. 2(2)(d)

F2 Words in s. 469(4) inserted (1. 4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 24(3); S. I. 2002/920, {art.

2, 3(3)(d)} (subject to savings and transitional provisions in Schs. 1-3)

Marginal Citations

M1 1989 c. 41.