Section 3 Duty to consider parental representationsI1

After section 14 of EA 1996 insert—

“Duty of F1local authority to consider parental representations

14A

(1)

Where a local authority in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—

(a)

consider the representation and what action (if any) to take in response to it, and

(b)

within a reasonable time provide the parent with a statement setting out—

(i)

any action which the authority propose to take in response to the representation, or

(ii)

where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

(2)

In subsection (1) “qualifying child”, in relation to a local authority, means any child in the authority's area who is of or under compulsory school age.

(3)

Subsection (1) does not apply in relation to any representation which—

(a)

appears to the local authority to be frivolous or vexatious, or

(b)

is the same as, or similar to, a representation previously received by the authority from the same person.

(4)

In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.”