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.

Who should read this guidance document?

Under section 70 of the Education (Scotland) Act 1980, any interested party can make a complaint to the Scottish Ministers. An interested party may be anybody who has an interest in the child or young person whom the complaint concerns. Although this can be anyone, in practice this is likely to be someone who is in close contact with the child or young person. The section 70 process requires the Scottish Ministers to consider evidence and make a determination on whether, in Ministers' view, a responsible body has failed to carry out a statutory duty imposed on it by an education related enactment. Evidence must be provided by the person making the complaint and the responsible body concerned. In some instances, the Scottish Ministers may ask Her Majesty's Inspectors of Education to act as an advisor during the process. This document should be used by anyone involved in the section 70 process.

That may be:

  • Parents or carers;
  • A relative or family friend;
  • Head teachers;
  • School managers;
  • Education authorities, and
  • Her Majesty's Inspectors of Education


Back to top