The Complaints against Schools (England) Regulations 2010

• Citation: S.I. 2010/853
• Sections: 5

Section 1 Citation, commencement, and interpretation

(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 2007 ;

“public examination” has the meaning given by section 462(4) of the Education Act 1996 .

Section 2 Functions of the head teacher that may be the subject of a complaint

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

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

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

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

(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 ;

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

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

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

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

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

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

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

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

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

Section 3 Excluded complaints

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 2002 and the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) Regulations 2008 ; and

(b) section 28I(1) of the Disability Discrimination Act 1995 .

Section 4 Prescribed period within which former registered pupils may be deemed pupils

The prescribed period for the purposes of section 206(6)(d) of the 2009 Act is 12 months.

Section 5 Circumstances in which a Local Commissioner may determine that a person is to be treated as a pupil

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.