ABSTRACT

Procedures first established under the Education Act 1944 and now governed by the Education Act 19964 enable anyone with a complaint that a local education authority or school governing body has acted or is proposing to act ‘unreasonably’ (as judicially interpreted)5 or is in default of its legal duty may refer their complaint to the Secretary of State for Education. This complaints jurisdiction may also be used where an appeal decision has not been implemented. The Secretary of State may also act on his own initiative (i.e. without a complaint having been made). There are believed to be thousands of such complaints made every year (National Consumer Council 1992:5), but many representations made to the DFEE are not classed by it as formal complaints, so the true figure is difficult to determine. Although a procedure for complaining is not prescribed, generally a letter setting out the points at issue will suffice.