|
| |
|
(6) | Regulations prescribing a period for the purposes of section 194(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 |
| 5 |
the Local Government Act 1974 (c. 7). |
| |
196 | Time-limit etc for making complaint |
| |
(1) | The requirements referred to in section 195(1) are that the complaint is made— |
| |
| |
(b) | within 12 months beginning with the day the complainant first had |
| 10 |
notice of the matter complained of; |
| |
| but this is subject to subsection (2). |
| |
(2) | A Local Commissioner may disapply either or both of the requirements in |
| |
subsection (1) in relation to a particular complainant. |
| |
197 | Procedure in respect of investigations |
| 15 |
(1) | A Local Commissioner who proposes to investigate a complaint to which this |
| |
Chapter applies must give the following an opportunity to comment on the |
| |
| |
| |
(b) | any other person who is alleged in the complaint to have done or |
| 20 |
authorised the act which would be the subject of the investigation; |
| |
(c) | any person who otherwise appears to the Local Commissioner to have |
| |
done or authorised the act. |
| |
(2) | Every investigation under this Chapter is to be conducted in private. |
| |
(3) | Subject to subsection (2), the procedure for conducting an investigation is to be |
| 25 |
such as the Local Commissioner considers appropriate in the circumstances of |
| |
| |
(4) | The Local Commissioner may, in particular— |
| |
(a) | obtain information from such persons and in such manner as the Local |
| |
| 30 |
(b) | make such inquiries as the Local Commissioner thinks fit; and |
| |
(c) | determine whether any person may be represented (by counsel, |
| |
solicitor or otherwise) in the investigation. |
| |
(5) | The Local Commissioner may, if the Local Commissioner thinks fit, pay to the |
| |
complainant, and to any other person who attends or provides information for the |
| 35 |
purposes of an investigation under this Chapter— |
| |
(a) | sums in respect of the expenses properly incurred by them; |
| |
(b) | allowances by way of compensation for the loss of their time. |
| |
(6) | In this Chapter a reference to the “respondent” is a reference to the governing |
| |
body or head teacher about whose act a complaint to which this Chapter |
| 40 |
| |
|
| |
|
| |
|
198 | Investigations: further provisions |
| |
(1) | For the purposes of an investigation under this Chapter a Local Commissioner |
| |
may require the following persons to provide information or produce |
| |
documents relevant to the investigation— |
| |
| 5 |
(b) | any other person who in the Local Commissioner’s opinion is able to |
| |
provide any such information or produce any such documents. |
| |
(2) | For the purposes of an investigation under this Chapter a Local Commissioner |
| |
has the same powers as the High Court in respect of— |
| |
(a) | the attendance and examination of witnesses; and |
| 10 |
(b) | the production of documents. |
| |
(3) | To assist in any investigation, a Local Commissioner may obtain advice from |
| |
any person who in the Local Commissioner’s opinion is qualified to give it. |
| |
(4) | A Local Commissioner may pay to a person giving advice such fees or allowances as the |
| |
Local Commissioner may determine. |
| 15 |
(5) | A Local Commissioner may appoint and pay a mediator or other appropriate person to |
| |
assist in the conduct of an investigation under this Chapter. |
| |
(6) | Any person appointed under subsection (5) is deemed to be an officer of the |
| |
Commission for Local Administration in England in carrying out functions |
| |
| 20 |
(7) | No person may be compelled for the purposes of an investigation under this |
| |
Chapter to give any evidence or produce any document which the person |
| |
could not be compelled to give or produce in civil proceedings before the High |
| |
| |
(8) | If any person, without lawful excuse— |
| 25 |
(a) | obstructs a Local Commissioner in the performance of the Local |
| |
Commissioner’s functions under this Chapter; |
| |
(b) | obstructs a person discharging or assisting in the discharge of those |
| |
| |
(c) | is guilty of an act in relation to an investigation under this Chapter |
| 30 |
which, if that investigation were a proceeding in the High Court, would |
| |
constitute contempt of court, |
| |
| the Local Commissioner may certify the offence to the High Court. |
| |
(9) | Where an offence is certified under subsection (8), the High Court may inquire |
| |
into the matter and, after hearing any witnesses who may be produced against |
| 35 |
or on behalf of the person charged (“D”), and after hearing any statement that |
| |
may be offered in D’s defence, deal with D in any manner in which the High |
| |
Court could deal with a person who had committed the offence in relation to |
| |
| |
199 | Statements about investigations |
| 40 |
(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. |
| 45 |
|
| |
|
| |
|
(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 |
| 5 |
| |
(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 |
| 10 |
of the act which was the subject of the investigation; and |
| |
(b) | to prevent injustice being caused in the future in consequence of a |
| |
| |
(5) | The Local Commissioner must send a copy of a statement prepared under this |
| |
| 15 |
(a) | the complainant (or, if the complainant is the pupil and the Local |
| |
Commissioner thinks it appropriate, a parent of the complainant); |
| |
| |
(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 |
| 20 |
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— |
| 25 |
(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 |
| 30 |
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 |
| |
| |
(10) | Nothing in subsection (8) prevents a statement mentioning the name of, or |
| 35 |
containing particulars which are likely to identify, the head teacher of the |
| |
| |
200 | Adverse findings notices |
| |
(1) | This section applies where a governing body receives a statement prepared |
| |
under section 199 which contains recommendations. |
| 40 |
(2) | The governing body must— |
| |
(a) | consider the statement; and |
| |
(b) | notify the Local Commissioner, within the notification period, of the |
| |
action which the governing body has taken or proposes to take. |
| |
|
| |
|
| |
|
(3) | The Local Commissioner may by notice require the governing body to arrange |
| |
for an adverse findings notice to be published in accordance with subsections |
| |
(4) and (5) if the Local Commissioner— |
| |
(a) | does not receive the notification mentioned in subsection (2)(b) within |
| |
the notification period or is satisfied before the end of that period that |
| 5 |
the governing body has decided to take no action; |
| |
(b) | is not satisfied with the action which the governing body has taken or |
| |
| |
(c) | does not within the period of one month beginning with the end of the |
| |
notification period, or such longer period as the Local Commissioner |
| 10 |
may agree in writing, receive confirmation that the governing body has |
| |
taken action, as proposed, to the satisfaction of the Commissioner. |
| |
(4) | An adverse findings notice is a notice, in such form as the governing body and |
| |
the Local Commissioner may agree, consisting of— |
| |
(a) | details of any action recommended in the statement which the |
| 15 |
governing body has not taken; |
| |
(b) | such supporting material as the Local Commissioner may require; |
| |
(c) | if the governing body so requires, an explanation of the reasons for |
| |
having taken no action, or for not having taken the action |
| |
recommended in the statement. |
| 20 |
(5) | The adverse findings notice must be published by the governing body in such |
| |
a way as the Local Commissioner may direct. |
| |
(6) | If the governing body— |
| |
(a) | fails to arrange for the publication of the adverse findings notice in |
| |
accordance with subsections (4) and (5); or |
| 25 |
(b) | is unable, within the publication period, to agree with the Local |
| |
Commissioner the form of the adverse findings notice to be published, |
| |
| the Local Commissioner must arrange for an adverse findings notice to be |
| |
published in such a way as the Local Commissioner considers appropriate. |
| |
(7) | The governing body must reimburse the Local Commissioner on demand any |
| 30 |
reasonable expenses incurred by the Local Commissioner in performing the |
| |
duty under subsection (6). |
| |
| |
“notification period” means— |
| |
(a) | the period of one month beginning with the date on which the |
| 35 |
governing body received the statement; or |
| |
(b) | such longer period as the Local Commissioner may agree in |
| |
| |
“publication period” means— |
| |
(a) | the period of one month beginning with the date on which the |
| 40 |
governing body received the notice under subsection (3); or |
| |
(b) | such longer period as the Local Commissioner may agree in |
| |
| |
201 | Publication of statements etc. by Local Commissioner |
| |
(1) | A Local Commissioner may— |
| 45 |
(a) | publish all or part of a statement under section 199; or |
| |
|
| |
|
| |
|
(b) | publish a summary of a matter which is the subject of a statement under |
| |
| |
| if, after taking into account the public interest as well as the interests of the |
| |
complainant and of other persons, the Local Commissioner considers it |
| |
| 5 |
(2) | A Local Commissioner may— |
| |
(a) | supply a copy of all or part of a statement or summary mentioned in |
| |
subsection (1) to any person who requests it; and |
| |
(b) | charge a reasonable fee for doing so. |
| |
(3) | Where a Local Commissioner publishes all or part of a statement or summary |
| 10 |
mentioned in subsection (1), the governing body of the school concerned must, |
| |
on demand, reimburse the Local Commissioner the reasonable expenses of |
| |
| |
(4) | Subsections (8) to (10) of section 199 apply to a summary of a matter which is |
| |
published, or a copy of which is supplied, under this section as they apply to a |
| 15 |
statement prepared under that section. |
| |
202 | Disclosure of information |
| |
(1) | Information obtained by a Local Commissioner, or any person discharging or |
| |
assisting in the discharge of a function of a Local Commissioner, in the course |
| |
of or for the purposes of an investigation under this Chapter must not be |
| 20 |
| |
(a) | for the purpose of the investigation and of any statement, adverse |
| |
findings notice or summary under section 199, 200 or 201; |
| |
(b) | for the purposes of any proceedings for an offence of perjury alleged to |
| |
have been committed in the course of an investigation under this |
| 25 |
| |
(c) | for the purposes of proceedings under section 198(9). |
| |
(2) | A Local Commissioner and a person discharging or assisting in the discharge |
| |
of a function of a Local Commissioner may not be called upon to give evidence |
| |
in any proceedings (other than proceedings within paragraph (b) or (c) of |
| 30 |
subsection (1)) of matters coming to his or her knowledge in the course of an |
| |
investigation under this Chapter. |
| |
203 | Permitted disclosures of information by Local Commissioner |
| |
(1) | A Local Commissioner may disclose to Her Majesty’s Chief Inspector of |
| |
Education, Children’s Services and Skills any information obtained by the |
| 35 |
Local Commissioner under or for the purposes of this Chapter if the |
| |
information appears to the Local Commissioner to relate to a matter in respect |
| |
of which the Chief Inspector has functions. |
| |
(2) | A Local Commissioner may disclose to a local education authority (within the |
| |
meaning given by section 12 of the Education Act 1996 (c. 56)) any information |
| 40 |
obtained by the Local Commissioner under or for the purposes of this Chapter |
| |
if the information appears to the Local Commissioner to relate to a matter in |
| |
respect of which the authority has functions. |
| |
(3) | A Local Commissioner may disclose to the Secretary of State any information |
| |
obtained by the Local Commissioner under or for the purposes of this Chapter |
| 45 |
|
| |
|
| |
|
if the information appears to the Local Commissioner to relate to the Secretary |
| |
of State’s functions under section 205. |
| |
(4) | Nothing in section 202(1) applies in relation to the disclosure of information in |
| |
accordance with this section. |
| |
| 5 |
(1) | Every Local Commissioner must for each financial year— |
| |
(a) | prepare a general report on the discharge of the Local Commissioner’s |
| |
functions under this Chapter; and |
| |
(b) | submit it to the Commission for Local Administration in England (“the |
| |
| 10 |
(2) | The Commission must, for each financial year, prepare a general report on the |
| |
discharge of the Local Commissioners’ functions under this Chapter (an |
| |
| |
(3) | The annual report must be prepared as soon as practicable after the |
| |
Commission has received the reports for the year from the Local |
| 15 |
Commissioners under subsection (1). |
| |
(4) | The Commission must arrange for the publication of— |
| |
(a) | the annual report; and |
| |
(b) | the reports which are submitted under subsection (1). |
| |
(5) | The Commission must lay a copy of the annual report before Parliament. |
| 20 |
(6) | In this section “financial year” means the period of 12 months ending with 31st |
| |
| |
205 | Secretary of State’s power of direction |
| |
(1) | This section applies where— |
| |
(a) | a Local Commissioner has made recommendations under section |
| 25 |
| |
(b) | the governing body of the school concerned has not complied with |
| |
| |
(2) | The Secretary of State may direct the governing body to comply with the |
| |
recommendations within the period specified in the direction. |
| 30 |
(3) | A direction under subsection (2) is enforceable, on an application made on |
| |
behalf of the Secretary of State, by a mandatory order. |
| |
206 | Disapplication of certain powers of Secretary of State |
| |
(1) | In section 496 of the Education Act 1996 (c. 56) (power of Secretary of State to |
| |
prevent unreasonable exercise of functions), after subsection (2) insert— |
| 35 |
“(3) | The Secretary of State may not make a direction under this section in |
| |
respect of a matter that— |
| |
(a) | has been complained about to a Local Commissioner in |
| |
accordance with Chapter 2 of Part 10 of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (parental complaints |
| 40 |
against governing bodies etc.), or |
| |
|
| |
|
| |
|
(b) | in the Secretary of State’s opinion, could have been so |
| |
| |
(4) | Regulations may disapply subsection (3) in relation to cases where a |
| |
complaint about the matter has been made to the Secretary of State by— |
| |
(a) | a prescribed person, or |
| 5 |
(b) | a person of a prescribed description.” |
| |
(2) | In section 497 of that Act (general default powers of Secretary of State), after |
| |
| |
“(4) | The Secretary of State may not make an order under this section in |
| |
respect of a matter that— |
| 10 |
(a) | has been complained about to a Local Commissioner in |
| |
accordance with Chapter 2 of Part 10 of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (parental complaints |
| |
against governing bodies etc.), or |
| |
(b) | in the Secretary of State’s opinion, could have been so |
| 15 |
| |
(5) | Regulations may disapply subsection (4) in relation to cases where a |
| |
complaint about the matter has been made to the Secretary of State by— |
| |
(a) | a prescribed person, or |
| |
(b) | a person of a prescribed description.” |
| 20 |
(3) | In section 28M of the Disability Discrimination Act 1995 (c. 50) (directions by |
| |
Secretary of State and Welsh Ministers) after subsection (7) insert— |
| |
“(7A) | The Secretary of State may not, unless subsection (7B) applies, give a |
| |
direction under this section to a responsible body in England in respect |
| |
| 25 |
(a) | has been complained about to a Local Commissioner in |
| |
accordance with Chapter 2 of Part 10 of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (parental complaints |
| |
against governing bodies etc.), or |
| |
(b) | in the Secretary of State’s opinion, could have been so |
| 30 |
| |
(7B) | This subsection applies if— |
| |
(a) | the Local Commissioner has made a recommendation to the |
| |
responsible body under section 199(4) of the Apprenticeships, |
| |
Skills, Children and Learning Act 2009 (statement following |
| 35 |
investigation) in respect of the matter, and |
| |
(b) | the responsible body has not complied with the |
| |
| |
207 | Power to amend meaning of “qualifying school” |
| |
(1) | The Secretary of State may by order amend the definition of “qualifying |
| 40 |
school” in section 194(6)(c). |
| |
(2) | An order under this section may make consequential amendments of this |
| |
| |
|
| |
|