Apprenticeships, Skills, Children and Learning Act 2009

207 Power of Local Commissioner to investigate complaint

(1) This section applies where a complaint to which this Chapter applies, and which meets the requirements of section 208—

(a) is made by the complainant to a Local Commissioner; or

(b) is made by the complainant to a governor, the governing body or the head teacher of the school and referred to a Local Commissioner, with the complainant’s consent, by the governing body or the head teacher of the school.

(2) Where this section applies, a Local Commissioner may under this Chapter investigate the complaint.

(3) But before investigating a complaint to which this Chapter applies, a Local Commissioner must be satisfied—

(a) that the matter was brought to the notice of the governing body by or on behalf of the complainant and that the governing body was given a reasonable opportunity to investigate the matter and respond; or

(b) that, in the particular circumstances, it is not reasonable to expect the matter to be brought to the notice of the governing body or for the governing body to be given a reasonable opportunity to investigate the matter and respond.

(4) Whether to initiate, continue or discontinue an investigation is a matter for the discretion of the Local Commissioner dealing with the complaint.

(5) A Local Commissioner may in particular decide not to investigate a complaint under this Chapter, or to discontinue an investigation—

(a) if satisfied with the action that the governing body has taken or proposes to take; or

(b) if satisfied that the complaint is vexatious.

(6) Regulations prescribing a period for the purposes of section 206(6)(d) may prescribe circumstances in which a Local Commissioner may determine that a person who has not been a registered pupil at the school within the prescribed period is to be treated as a “pupil” for the purposes of that section.

(7) In this Chapter “Local Commissioner” has the meaning given by section 23 of the Local Government Act 1974 (c. 7).