Apprenticeships, Skills, Children and Learning Act 2009

211 Statements about investigations E+W

(1) A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—

(a) decides not to investigate a matter under this Chapter;

(b) decides to discontinue an investigation; or

(c) completes an investigation.

(2) In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.

(3) In a case falling within subsection (1)(c), the statement must—

(a) set out the Local Commissioner's conclusions on the investigation; and

(b) include any recommendations the Local Commissioner considers it appropriate to make.

(4) The recommendations the Local Commissioner may make are recommendations with respect to action which, in the Local Commissioner's opinion, the governing body should take—

(a) to remedy any injustice sustained by the complainant in consequence of the act which was the subject of the investigation; and

(b) to prevent injustice being caused in the future in consequence of a similar act.

(5) The Local Commissioner must send a copy of a statement prepared under this section to—

(a) the complainant (or, if the complainant is the pupil and the Local Commissioner thinks it appropriate, a parent of the complainant);

(b) the respondent; and

(c) the governing body, if the respondent is the head teacher.

(6) If, on consideration of the statement, it appears to the governing body that a payment should be made to or in respect of a person who has suffered injustice in consequence of the act which was the subject of the investigation, the governing body may make such a payment.

(7) The statement must identify the school concerned.

(8) The statement must not—

(a) mention the name of any person; or

(b) contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the statement.

(9) But, after taking into account the public interest as well as the interests of that person, the complainant and other persons, the Local Commissioner may mention the name of a person, or include in the statement any particulars which are likely to identify the person, if the Local Commissioner considers it necessary to do so.

(10) Nothing in subsection (8) prevents a statement mentioning the name of, or containing particulars which are likely to identify, the head teacher of the school concerned.

Commencement Information

I1 S. 211 in force at 19.4.2010 for specified purposes by S.I. 2010/303, art. 5, Sch. 4 (with arts. 9-11)

I2 S. 211 in force at 1.9.2010 for specified purposes by S.I. 2010/1151, art. 4, Sch. 2