- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—
(a)decides not to investigate a matter under this Chapter;
(b)decides to discontinue an investigation; or
(c)completes an investigation.
(2)In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner’s reasons for the decision.
(3)In a case falling within subsection (1)(c), the statement must—
(a)set out the Local Commissioner’s conclusions on the investigation; and
(b)include any recommendations the Local Commissioner considers it appropriate to make.
(4)The recommendations the Local Commissioner may make are recommendations with respect to action which, in the Local Commissioner’s opinion, the governing body should take—
(a)to remedy any injustice sustained by the complainant in consequence of the act which was the subject of the investigation; and
(b)to prevent injustice being caused in the future in consequence of a similar act.
(5)The Local Commissioner must send a copy of a statement prepared under this section to—
(a)the complainant (or, if the complainant is the pupil and the Local Commissioner thinks it appropriate, a parent of the complainant);
(b)the respondent; and
(c)the governing body, if the respondent is the head teacher.
(6)If, on consideration of the statement, it appears to the governing body that a payment should be made to or in respect of a person who has suffered injustice in consequence of the act which was the subject of the investigation, the governing body may make such a payment.
(7)The statement must identify the school concerned.
(8)The statement must not—
(a)mention the name of any person; or
(b)contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the statement.
(9)But, after taking into account the public interest as well as the interests of that person, the complainant and other persons, the Local Commissioner may mention the name of a person, or include in the statement any particulars which are likely to identify the person, if the Local Commissioner considers it necessary to do so.
(10)Nothing in subsection (8) prevents a statement mentioning the name of, or containing particulars which are likely to identify, the head teacher of the school concerned.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: