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Section 70 of the Education (Scotland) Act 1980: guidance on making a complaint

Guidance to support those who are considering or who have made a complaint under Section 70 of the Education (Scotland) Act 1980.


The role of HM Inspectors of Education in the process

If the Scottish Ministers believe that a failure of duty has occurred, or if it is not clear from the evidence provided, they may ask Her Majesty's Inspectors of Education ( HMIE) to carry out an inspection into the alleged failed duties. This inspection must be carried out within the overall 105 working day timescale.

As part of this inspection they may:

  • Review the documents already submitted
  • Arrange to meet with you to discuss your allegations
  • Arrange to meet with your child if appropriate
  • Arrange to meet with school and education authority staff to discuss specific issues related to the complaint
  • Arrange to meet with any relevant group who is contributing to your child's education through a partnership with the education authority
  • Review school and/or education authority practice
  • Provide Scottish Ministers with a report with their findings
  • Provide Scottish Ministers with recommendations on whether the responsible body has failed to carry out its duties.

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