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The Complaints against Schools (England) Regulations 2010

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

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2.  The functions of the head teacher(1) under the following provisions are prescribed for the purposes of section 206(2)(b) of the 2009 Act

(a)sections 403(2)(sex education), 406(3)(forbidding political indoctrination), 407(4)(duty to secure balanced treatment of political issues) and 550AA(5)(head teacher authorising members of staff to search pupils for weapons) of the Education Act 1996;

(b)sections 43(6) (provision of careers education in schools), 44(7)(duty to cooperate with careers adviser) and 45(8)(provision of careers information) of the Education Act 1997(9);

(c)sections 69(10) (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)(11)(duty to implement general requirements in relation to curriculum), and 85(9)(12)(duty to have regard to guidance related to work related learning or entitlement areas) of the Education Act 2002(13);

(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(14);

(f)regulation 3(1) of the Education (School Sessions and Charges and Remissions Policies)(Information)(England) Regulations 1999(15);

(g)regulations 5, 7 and 8 of the Education (School Government)(Terms of Reference)(England) Regulations 2000(16);

(h)the Education (National Curriculum)(Temporary Exceptions for Individual Pupils)(England) Regulations 2000(17);

(i)regulations 3, 4, 7 and 7A of the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 (18) 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(19);

(k)regulation 4 of the Education (National Curriculum)(Key Stage 3 Assessment Arrangements)(England) Order 2003(20);

(l)regulations 6, 7 and 8 of the Education (Pupil Information)(England) Regulations 2005(21);

(m)the Education (Reintegration Interview)(England)Regulations 2007(22);

(n)regulations 4 and 5 of the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) (England) Regulations 2008(23) insofar as they relate to exclusions for a fixed period; and

(o)Part 9 of the School Teachers’ Pay and Conditions Document 2009 (24).

(1)

See paragraph 2 of Schedule 1 to the Education Act 1996 (“EA 1996”) which provides that references in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not). A pupil referral unit is a school established under section 19(2B) of the EA 1996. Section 249(1) of the 2009 Act (not in force at the time of making these regulations) changes the name of a school falling within section 19(2B) of the EA 1996 to “short stay school”. This comes into force on 1st September 2010.

(2)

Section 403 was amended by paragraphs 57 and 102 of Schedule 30 to the School Standards and Framework Act 1998 (c.31.) (“SSFA 1998”); sections 148(1), (3), (4) and (5) of, and Schedule 11 to, the Learning and Skills Act 2000 (c.21.); and section 2 of and paragraphs 181 and 183 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43.).

(3)

Section 406 was amended by paragraph 104 of Schedule 30 to the SSFA 1998.

(4)

Section 407 was amended by paragraph 105 of Schedule 30 to the SSFA 1998.

(5)

Section 550AA is prospectively repealed by section 243 of the 2009 Act. Section 243 comes into force on 1st September 2010.

(6)

Section 43 was amended by paragraph 217(a) and (c) of Schedule 30 and paragraph 217(b) of Schedule 31 to the SSFA 1998; paragraphs 1 and 71 of Schedule 9 to the Learning and Skills Act 2000; paragraph 8 of Schedule 7 to the Education Act 2002 (c.32.); and section 81(1) and (2)(b) and (2)(c) of the Education and Skills Act 2008 (c.25.) (“ESA 2008”).

(7)

Section 44 was amended by paragraphs 1 and 72 of Schedule 9 to the Learning and Skills Act 2000.

(8)

Section 45 was amended by section 81(1), (3)(a), (c) and (d) of ESA 2008.

(10)

Section 69 was amended by section 251(1) and paragraph 104(1) and (2) of Schedule 21 to the Education Act 2002.

(11)

Section 79 was amended by paragraph 6 of Schedule 1 and Part 1 of Schedule 3 to the Childcare Act 2006 (c.21.).

(12)

Section 85 was substituted for England by the Education (Amendment of the Curriculum Requirements for Fourth Key Stage)(England) Order 2003, S.I. 2003/2946.

(17)

S.I. 2000/212 which continue to have effect by virtue of section 17(2) of the Interpretation Act 1978 (c.30.) as if made under section 93 of the Education Act 2002 which is amended by paragraph 13 of Schedule 1, and Part 1 of Schedule 3, to the Childcare Act 2006.

(21)

S.I. 2005/1437 was amended by S.1.2008/1747.

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