Explanatory Notes

Children, Schools and Families Act 2010

2010 CHAPTER 26

8 April 2010

Commentary on Sections

Part 3: Miscellaneous and Final Provisions

Section 22: Amendments of provisions about complaints in ASCLA 2009

82.This section makes amendments to the parent and pupil complaints system in Chapter 2 of Part 10 of ASCLA 2009. Subsection (2) amends section 207(5) of that Act, to insert the word “frivolous” to enable a Local Commissioner to reject a complaint on the basis that it is frivolous as well as on the basis already provided for in ASCLA that it is vexatious, because it lacks merit or does not justify investigation. Subsection (3) extends the absolute privilege against liability in defamation afforded to governing bodies of maintained schools in relation to their communications with a Local Commissioner, to head teachers of those schools as well.