ABSTRACT

In relation to education matters there is a distinction to be drawn between three types of redress mechanism: complaints, reviews and appeals. All such mechanisms have had a growing caseload over the past decade as parents have become increasingly prepared to challenge decisions over their children’s education. This is undoubtedly a product of the government’s policy of promoting parental choice and involvement and raising expectations, so that parents are less likely to accept decisions which conflict with their wishes. Indeed, in part the rights of consumer culture in this field has developed from the provision of information to parents about their opportunities for redress if dissatisfied. Generally there is a duty on decision-makers to inform parents of specific rights of redress, such as appeal or complaint, either when communicating a decision (as in the case of the right of appeal over exclusions, admissions and special educational needs) or as part of general information (such as the right of complaint about the performance of statutory duties relating to the curriculum, which must be included in the information to be set out in a school prospectus).