Annex 3: Working with the law

Education Act 2002

Section 29(1) of the Education Act 2002 (‘the Act‘) requires governing bodies of all maintained schools to establish procedures for dealing with complaints relating to the school or to the provision of facilities or services. Under section 27 of the Act (Section 27 provides the governing body of a maintained school with the power to provide any facilities or services whose provision furthers any charitable purpose for the benefit of pupils at the school, their families and people who live and work in the locality of the school), governing bodies must also publicise their complaints procedures.

There are separate statutory processes for complaints and appeals relating to the curriculum for Wales, additional learning needs (ALN), admissions, exclusions, staff grievance, teacher capability and staff discipline. You can find guidance on these topics at Hwb and Gov.Wales.

Section 29(2) requires a governing body to have regard to guidance issued by the Welsh Ministers in establishing and publishing complaints procedures relating to the school or to the provision of facilities or services under section 27 of the Act.

This circular is published under section 29(2) in relation to the establishing and publicising of procedures for dealing with all complaints relating to the school or to the provision of facilities or services under section 27 of the Act. Governing bodies must have regard to the statutory guidance with respect to these matters and follow it unless there are compelling reasons for concluding that, in the particular circumstances of the school or the complaint, the guidance is not relevant or is outweighed by other considerations.

Education Act 1996

The model procedure and the remainder of this circular are published under section 10 of the Education Act 1996, under which the Welsh Ministers shall promote the education of the people of Wales.