2010 No. 853

Education, England

The Complaints against Schools (England) Regulations 2010

Made

Laid before Parliament

Coming into force

The Secretary of State for Children, Schools and Families makes the following regulations in exercise of powers conferred by sections 206(2)(b),(3)(b), and (6)(d) and 207(6) of the Apprenticeships, Skills, Children and Learning Act 20091—

Citation, commencement, and interpretation1

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 20072;

  • “public examination” has the meaning given by section 462(4) of the Education Act 19963.

Functions of the head teacher that may be the subject of a complaint2

The functions of the head teacher4 under the following provisions are prescribed for the purposes of section 206(2)(b) of the 2009 Act—

a

sections 4035(sex education), 4066(forbidding political indoctrination), 4077(duty to secure balanced treatment of political issues) and 550AA8(head teacher authorising members of staff to search pupils for weapons) of the Education Act 1996;

b

sections 439 (provision of careers education in schools), 4410(duty to cooperate with careers adviser) and 4511(provision of careers information) of the Education Act 199712;

c

sections 6913 (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)14(duty to implement general requirements in relation to curriculum), and 85(9)15(duty to have regard to guidance related to work related learning or entitlement areas) of the Education Act 200216;

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 200617;

f

regulation 3(1) of the Education (School Sessions and Charges and Remissions Policies)(Information)(England) Regulations 199918;

g

regulations 5, 7 and 8 of the Education (School Government)(Terms of Reference)(England) Regulations 200019;

h

the Education (National Curriculum)(Temporary Exceptions for Individual Pupils)(England) Regulations 200020;

i

regulations 3, 4, 7 and 7A of the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 21 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 200322;

k

regulation 4 of the Education (National Curriculum)(Key Stage 3 Assessment Arrangements)(England) Order 200323;

l

regulations 6, 7 and 8 of the Education (Pupil Information)(England) Regulations 200524;

m

the Education (Reintegration Interview)(England)Regulations 200725;

n

regulations 4 and 5 of the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) (England) Regulations 200826 insofar as they relate to exclusions for a fixed period; and

o

Part 9 of the School Teachers’ Pay and Conditions Document 2009 27.

Excluded complaints3

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 200228 and the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) Regulations 200829; and

b

section 28I(1) of the Disability Discrimination Act 199530.

Prescribed period within which former registered pupils may be deemed pupils4

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 pupil5

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 CoakerMinister of StateDepartment for Children, Schools and Families
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe matters in relation to the arrangements for complaints established by Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”). The 2009 Act extends the jurisdiction of Local Commissioners (often known as “the Local Government Ombudsman”). The Local Commissioners can now consider complaints from a parent or pupil at a qualifying school, that they have sustained injustice in consequence of an act of the governing body of the school or an exercise, or failure to exercise, prescribed functions of the head teacher of the school.

A qualifying school is a community, foundation, or voluntary school, community or foundation special school, a maintained nursery school or a pupil referral unit (to be known as a short stay school from 1st September 2010).

Regulation 2 prescribes the head teacher functions which can be the subject of a complaint to the Local Commissioner, for the purposes of section 206(2)(b). These include functions in relation to discipline and behaviour, fixed term exclusions, curriculum and careers education. References to a head teacher are to the teacher in charge, where the school is a pupil referral unit.

Section 206(3) of the 2009 Act provides that a complaint against a school does not include a complaint that relates to a decision about admission to a school or a matter in respect of which the complainant has or had a prescribed right of appeal. Regulation 3 excludes complaints where the complainant has a right of appeal to the Independent Appeals Panel regarding a permanent exclusion, or to the First Tier Tribunal regarding a disability discrimination claim or in relation to Special Educational Needs.

In general, where pupils or parents wish to make a complaint the pupil must be a “registered pupil” (i.e. on the roll of the school about which they want to make a complaint). The effect of regulation 4 is to permit a formerly registered pupil (or their parent) to make a complaint for up to 12 months after coming off the roll of the school.

Regulation 5 prescribes the circumstances in which a person who is not a registered pupil, and has not been in the 12 months prior to the complaint, may still make a complaint to the Service. The circumstances are they are returning to the school for the purpose of taking a public examination, or coming to the school to take a public examination, for example after having been home educated, or having been on the roll at a different institution.