Parental complaints against Local Authority regarding education: FOI release

Information requested

We want to receive information what complaint can parents file with the government if local authority lie about them (regarding education).

Response

There is no specific complaints process that can be used to file a complaint with the Scottish Government in a scenario where a local authority has allegedly lied about parents.

Under section 70 of the Education (Scotland) Act 1980 (“the 1980 Act”) any interested party can make a complaint to the Scottish Ministers where the interested party believes that a responsible body (an education authority, managers of a school or educational establishment, or other persons) has failed to discharge any duty imposed on them by or for the purpose of the 1980 Act, or of any enactment relating to education. Following an investigation of the complaint, the Scottish Ministers may make an order declaring the responsible body to be in default in respect of the duty and requiring them to discharge the said duty.

The Education (Scotland) Act 2016 amended section 70 of the 1980 Act to provide the Scottish Ministers with a regulation-making power to make provision for or in connection with the procedure to be followed in relation to the Section 70 (Procedure) (Scotland) Regulations 2017). Further information on making a complaint under section 70 of the 1980 Act, is available on the Scottish Government’s website here: The Section 70 Process - Section 70 of the Education (Scotland) Act 1980: guidance on making a complaint - gov.scot (www.gov.scot).

Details of alternative complaints mechanisms that may be available can be found here: Section 70 of the Education (Scotland) Act 1980: guidance on making a complaint - gov.scot (www.gov.scot).

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