Paragraph 6

England and Wales

(1)

Section 17 of the M1Education (No. 2) Act 1986 (duty of LEA to state policy) applies in relation to pupil referral units as it applies in relation to county schools.

(2)

In relation to every pupil referral unit, the Secretary of State, the local education authority and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 1 of the M2Education Reform Act 1988 (balanced and broadly based curriculum) and of any other enactment which applies to the curriculum for pupil referral units.

(3)

Each local education authority shall, with the approval of the Secretary of State, make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit—

(a)

have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by or under any enactment referred to in sub-paragraph (2) above, or

(b)

have failed to discharge any such duty.

(4)

The Secretary of State shall not entertain under section 68 or 99 of the Education Act 1944 any complaint in respect of any local education authority, being a complaint—

(a)

for which arrangements are required to be made under sub-paragraph (3) above, or

(b)

that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Annotations

Marginal citations

M1: 1986 c. 61.
M2: 1988 c. 40.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)