Search Legislation

The Complaints against Schools (England) Regulations 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement, and interpretation

1.—(1) These Regulations may be cited as the Complaints against Schools (England) Regulations 2010 and come into force on 19th April 2010.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009;

“First Tier Tribunal” has the meaning given by section 3(1) of the Tribunals, Courts and Enforcement Act 2007(1);

“public examination” has the meaning given by section 462(4) of the Education Act 1996(2).

Functions of the head teacher that may be the subject of a complaint

2.  The functions of the head teacher(3) under the following provisions are prescribed for the purposes of section 206(2)(b) of the 2009 Act—

(a)sections 403(4)(sex education), 406(5)(forbidding political indoctrination), 407(6)(duty to secure balanced treatment of political issues) and 550AA(7)(head teacher authorising members of staff to search pupils for weapons) of the Education Act 1996;

(b)sections 43(8) (provision of careers education in schools), 44(9)(duty to cooperate with careers adviser) and 45(10)(provision of careers information) of the Education Act 1997(11);

(c)sections 69(12) (duty to secure provision of religious education), and 70 (requirements relating to collective worship) of the School Standards and Framework Act 1998;

(d)sections 52(1) (exclusion of pupils) insofar as it relates to exclusions for a fixed period, 79(3)(13)(duty to implement general requirements in relation to curriculum), and 85(9)(14)(duty to have regard to guidance related to work related learning or entitlement areas) of the Education Act 2002(15);

(e)sections 89 (determination of behaviour policy), 92(3)(b)(detention outside school sessions) and 104 (notice to parent relating to excluded pupil) of the Education and Inspections Act 2006(16);

(f)regulation 3(1) of the Education (School Sessions and Charges and Remissions Policies)(Information)(England) Regulations 1999(17);

(g)regulations 5, 7 and 8 of the Education (School Government)(Terms of Reference)(England) Regulations 2000(18);

(h)the Education (National Curriculum)(Temporary Exceptions for Individual Pupils)(England) Regulations 2000(19);

(i)regulations 3, 4, 7 and 7A of the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 (20) insofar as they relate to exclusions for a fixed period;

(j)regulations 4, 5 and 6(8) of the Education (National Curriculum)(Key Stage 2 Assessment Arrangements)(England) Order 2003(21);

(k)regulation 4 of the Education (National Curriculum)(Key Stage 3 Assessment Arrangements)(England) Order 2003(22);

(l)regulations 6, 7 and 8 of the Education (Pupil Information)(England) Regulations 2005(23);

(m)the Education (Reintegration Interview)(England)Regulations 2007(24);

(n)regulations 4 and 5 of the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) (England) Regulations 2008(25) insofar as they relate to exclusions for a fixed period; and

(o)Part 9 of the School Teachers’ Pay and Conditions Document 2009 (26).

Excluded complaints

3.  The rights of appeal provided for in the following provisions are prescribed for the purposes of section 206(3)(b) of the 2009 Act—

(a)the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002(27) and the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) Regulations 2008(28); and

(b)section 28I(1) of the Disability Discrimination Act 1995(29).

Prescribed period within which former registered pupils may be deemed pupils

4.  The prescribed period for the purposes of section 206(6)(d) of the 2009 Act is 12 months.

Circumstances in which a Local Commissioner may determine that a person is to be treated as a pupil

5.  For the purposes of section 207(6) of the 2009 Act, a Local Commissioner may determine that a person who has not been a registered pupil within the period prescribed in regulation 4 is to be treated as a pupil where that person—

(a)returns to; or

(b)enters

the school for the purpose of taking a public examination.

Vernon Coaker

Minister of State

Department for Children, Schools and Families

18th March 2010

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources