Member

485: After Clause 62, insert the following new Clause— “Parental complaints (maintained schools)(1) After section 29 of the Education Act 2002 insert—“29ZA Parental complaints: appeals(1) A complainant may appeal to the First-tier Tribunal (Health, Education and Social Care Chamber) where—(a) the complaint was against a maintained school in England under section 29(1),(b) the complainant was a parent of a registered pupil at the school at the time they first pursued the complaint,(c) the complaint specified one or more legal duties listed in Schedule 1A of which the school was alleged to be in breach,(d) the complaints process under section 29(1) was completed,(e) the complaint was not fully upheld in respect of one or more of the matters specified as described in paragraph (c), and(f) the complainant does not have and has not had any other prescribed right of appeal apart from that provided under section 29(1) and this section.(2) The Secretary of State must make regulations about appeals to the First-tier Tribunal in respect of subsection (1), including—(a) making and determining appeals;(b) the powers of the tribunal on determining an appeal.(3) Regulations under subsection (2) may include provision conferring power on the First-tier Tribunal, on determining an appeal against a matter, to make recommendations in respect of other matters (including matters against which no appeal may be brought).(4) A person commits an offence if without reasonable excuse that person fails to comply with any requirement—(a) in respect of the discovery or inspection of documents, or(b) to attend to give evidence and produce documents,where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section or regulations under subsection (2).(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”(2) After Schedule 1 to the Education Act 2002 insert—“Schedule 1ALegal duties for the purposes of section 29ZA1 (1) The legal duties to which section 29ZA applies are as follows.(2) The Education Act 1996—(a) section 9 (Education in accordance with parental wishes),(b) section 402 (Obligation to enter pupils for public examinations), (c) sections 403 to 405 (Sex education),(d) sections 406 to 407 (Politics) and(e) section 542(1) (Prescribed standards for school premises);(3) The Education Act 2002—(a) sections 78 to 80B (General duties in respect of the curriculum), and(b) section 175(2) and (3) (Duties ... in relation to welfare of children);(4) The School Standards and Framework Act 1998—(a) section 1(6) (Duty in relation to infant class size),(b) sections 69 to 71 (Religious education and worship), and(c) section 114A (Requirements for food and drink provided on school premises etc);(5) Childcare Act 2006, section 40 (Duty to implement Early Years Foundation Stage);(6) Children Act 1989, sections 87 and 87C (Welfare of children in boarding schools and colleges and national minimum standards) and(7) The Education and Inspections Act 2006, sections 88 to 94 (School Discipline).””