Asked by: Claire Young (Liberal Democrat - Thornbury and Yate)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment her Department has made of the potential merits of expanding the role of the Local Government Ombudsman to encompass academy trusts.
Answered by Catherine McKinnell - Minister of State (Education)
My right hon. Friend, the Secretary of State for Education is the principal regulator for academies. All academies are required to have a complaints process which adheres to Part 7 of the Education (Independent School Standards) Regulations 2014. This sets out that it is the academy’s responsibility to handle and resolve any complaints against them. If a complainant has concerns that an academy did not handle a complaint in line with the regulations, they can then escalate to the department, whose role it is to consider whether the academy followed the correct process.
Anyone can object to the Schools Adjudicator if they have concerns about a school’s admission arrangements. The Schools Adjudicator considers objections to the admission arrangements of all mainstream state-funded schools, including mainstream academy and free schools. The Adjudicator’s decision is binding.
The department also considers complaints about maladministration in independent appeal panels in relation to school admissions and complaints about maladministration in independent review panels in relation to permanent exclusions. Decisions taken by panels in both circumstances are legally binding and the department is unable to overturn decisions taken. However, parents can contact the department if they have concerns that the appeal or review panel was not held in compliance with relevant legislation or statutory guidance. If the department upholds a complaint, then a fresh appeal may be requested. If a complainant wishes to take their complaint further following the department’s consideration, they are advised to seek independent legal advice.
The Local Government and Social Care Ombudsman (LGSCO) can investigate complaints about maintained schools in certain circumstances. The department is considering the LGSCO’s Triennial Review, including their recommendations around school complaints, and will respond in due course.
Asked by: Claire Young (Liberal Democrat - Thornbury and Yate)
Question to the Department for Education:
To ask the Secretary of State for Education, what independent mechanisms exist to appeal decisions on upholding complaints against academy trusts.
Answered by Catherine McKinnell - Minister of State (Education)
My right hon. Friend, the Secretary of State for Education is the principal regulator for academies. All academies are required to have a complaints process which adheres to Part 7 of the Education (Independent School Standards) Regulations 2014. This sets out that it is the academy’s responsibility to handle and resolve any complaints against them. If a complainant has concerns that an academy did not handle a complaint in line with the regulations, they can then escalate to the department, whose role it is to consider whether the academy followed the correct process.
Anyone can object to the Schools Adjudicator if they have concerns about a school’s admission arrangements. The Schools Adjudicator considers objections to the admission arrangements of all mainstream state-funded schools, including mainstream academy and free schools. The Adjudicator’s decision is binding.
The department also considers complaints about maladministration in independent appeal panels in relation to school admissions and complaints about maladministration in independent review panels in relation to permanent exclusions. Decisions taken by panels in both circumstances are legally binding and the department is unable to overturn decisions taken. However, parents can contact the department if they have concerns that the appeal or review panel was not held in compliance with relevant legislation or statutory guidance. If the department upholds a complaint, then a fresh appeal may be requested. If a complainant wishes to take their complaint further following the department’s consideration, they are advised to seek independent legal advice.
The Local Government and Social Care Ombudsman (LGSCO) can investigate complaints about maintained schools in certain circumstances. The department is considering the LGSCO’s Triennial Review, including their recommendations around school complaints, and will respond in due course.
Asked by: Claire Young (Liberal Democrat - Thornbury and Yate)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps her Department is taking to ensure that unlawful academy trust admissions policies are amended for future admissions rounds.
Answered by Catherine McKinnell - Minister of State (Education)
Once a school’s admission arrangements have been determined, anyone who believes they are unfair or unlawful may submit an objection to the Schools Adjudicator.
Where the Adjudicator determines that a school’s admission arrangements are unlawful, the admission authority has a statutory duty to revise its admission arrangements within two months of the decision, or by 28 February following the decision, whichever is sooner, unless an alternative timescale is specified by the Adjudicator.
An Adjudicator’s determination is binding and enforceable by my right hon. Friend, the Secretary of State for Education.