Section 70 complaints can only be made in respect of an alleged failure by a relevant body to carry out a duty imposed on them by legislation relating to education.
It does not apply to common-law duties (such as a duty of care) nor is it concerned with the merits of a decision of any education provider (section 70 is not intended to enable the Scottish Ministers to quash a decision made by any education provider just because they disagree with it).
Section 70 gives a discretionary power for the Scottish Ministers to make an order to enforce a statutory duty to be carried out.
Education Scotland will investigate the case and act as advisers to the Scottish Ministers.
The Scottish Ministers
- First published
- 18 April 2013
- Last updated
- 2 November 2021
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