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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

113

 

(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—

(a)   

in writing; and

(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

matter—

(a)   

the respondent;

(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

the case.

(4)   

The Local Commissioner may, in particular—

(a)   

obtain information from such persons and in such manner as the Local

Commissioner thinks fit;

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

applies was made.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

114

 

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—

(a)   

the respondent;

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

under that appointment.

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

Court.

(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

functions; or

(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

the High Court.

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.

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Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

115

 

(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

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

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

similar act.

(5)   

The Local Commissioner must send a copy of a statement prepared under this

section to—

15

(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

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

necessary to do so.

(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

school concerned.

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.

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

116

 

(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

proposes to take; 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).

(8)   

In this section—

“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

writing.

“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

writing.

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

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

117

 

(b)   

publish a summary of a matter which is the subject of a statement under

section 199,

   

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

appropriate to do so.

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

publication.

(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

disclosed except—

(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

Chapter;

(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

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Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

118

 

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.

204     

Annual reports

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

Commission”).

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

“annual report”).

(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

March in any year.

205     

Secretary of State’s power of direction

(1)   

This section applies where—

(a)   

a Local Commissioner has made recommendations under section

25

199(4); and

(b)   

the governing body of the school concerned has not complied with

them.

(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

 
 

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 2 — Complaints: England

119

 

(b)   

in the Secretary of State’s opinion, could have been so

complained about.

(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

subsection (3) insert—

“(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

complained about.

(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

of a matter that—

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

complained about.

(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

recommendation.”

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

Chapter.

 
 

 
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