If you are not satisfied with the manner in which your complaint about your child's school has been dealt with by the school in question or by your Local Authority, you may wish to escalate your complaint to the Secretary of State for Education. To do this, you have the option of putting your complaint in writing and sending it directly to the Secretary of State for Education at the Department for Children, Schools and Families, or you may wish to forward your complaint through your own local MP.
However, if you choose to contact the Secretary of State, it is important to remember that they may only be approached once you have exhausted other avenues, namely your child's head teacher, the governing body of your child's school and your Local Authority.
When exactly can the Secretary of State intervene?
There are two situations in which the Secretary of State may be able to help. One is where the governing body of your child's school or the Local Authority is deemed to have acted unreasonably. According to Section 496 of the Education Act 1996, what constitutes 'unreasonable' behaviour is where a governing body or Local Authority acts in such a way that no similar body with similar responsibilities would act. In such cases, the Secretary of State may decide to give any direction they deem appropriate.
Under Section 497 of the Education Act, the Secretary of State may also intervene when a governing body or Local Authority has not complied with a statutory duty imposed on them by law - or in other words, when they have acted illegally. In such cases, the Secretary of State may force them to carry out that duty, ultimately taking out a High Court order to enforce their intervention.
When is it not appropriate to approach the Secretary of State?
The Secretary of State can take as long as six months or even longer to investigate your complaint, so this might not be the best avenue if your complaint needs to be resolved as a matter of some urgency. Furthermore, if you have a complaint that relates to transport arrangements for a child with learning difficulties or young people in further education, then there are special procedures in place and it is advisable to seek specialist legal advice before furthering your complaint.
In cases where a complaint is upheld by the Secretary of State, there will be no financial compensation made, but directions will be issued to your child's school's governing body or Local Authority that are considered expedient to resolve the complaint.
In order to have the best chance of your complaint being seriously considered and ultimately upheld, it needs to be relayed to the Secretary of State in as concise and professional a manner as possible. If you would like help or guidance with this, or would just like to speak to one of our highly experienced education barristers to discuss your particular case and the best course of action to take, please do give us a call at Match Solicitors today.
