Section 11A Power of Chief Inspector to investigate complaints about schoolsF1

(1)

The Chief Inspector may investigate a qualifying complaint if he thinks it is appropriate to do so—

(a)

for the purpose of determining whether it is or may be appropriate to have regard to the matters raised by the complaint in carrying out any of his functions in relation to schools in England, and

(b)

in particular, for the purpose of determining, in the light of the complaint—

(i)

when to carry out an inspection under section 5 (insofar as the timing of such an inspection is within his discretion), and

(ii)

whether it would be appropriate to carry out an inspection under section 8(2).

(2)

A complaint is a qualifying complaint if—

(a)

it is about a matter relating to a relevant school and that matter—

(i)

falls within a prescribed description, and

(ii)

does not fall within any prescribed exception,

(b)

it is made in writing to the Chief Inspector, and

(c)

it is made by a person who satisfies prescribed conditions.

(3)

The conditions prescribed for the purposes of subsection (2)(c) may, in particular, require that the person has, before making the complaint to the Chief Inspector, taken advantage of other procedures of a prescribed description for dealing with the complaint.

(4)

Regulations may enable the Chief Inspector to determine that a condition prescribed for the purposes of subsection (2)(c) by virtue of subsection (3) is not to apply in relation to a person making a complaint.

(5)

In this section, “ relevant school ” means any of the schools mentioned in paragraphs (a) to (g) of section 5(2).

Annotations

Textual amendments

F1: Ss. 11A-11C and preceding cross-heading inserted (28.3.2007) by Education and Inspections Act 2006 (c. 40), ss. 160, 188; S.I. 2007/935, art. 3

Notes on Part 1

Modifications

C1: Pt. 1 applied in part (with modifications) (1.2.2008) by Education (Pupil Referral Units) (Application of Enactments)(England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 21
C2: Pt. 1 applied (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 137(3), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)
C3: Pt. 1 applied in part (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), reg. 3, Sch. 1 para. 21
C4: Pt. 1 applied (with modifications) (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007(S.I. 2007/1069), reg. 3, {Sch. 1 para. 11}
C5: Pt. 1 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 3, Sch. 1 para. 11