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.


Responsible Body

A responsible body may refer to an education authority, the managers of a school or educational establishment (including grant aided and independent schools) or any other persons who have duties under legislation related to education.


A complainer is any interested party who has made a complaint to the Scottish Ministers under section 70 of the Education (Scotland) Act 1980.


The complainee is the responsible body about whom the complaint to the Scottish Ministers is made; the body alleged to have failed to carry out its statutory duties.


HMIE (Her Majesty's Inspectors of Education) are part of the organisation Education Scotland. Each year, HMIE inspect and report on the quality of education in a sample of pre-school centres, primary schools, secondary schools, special schools, community learning and development services, colleges, and residential educational provision.

Education Authority

Education Authority is defined in the Education (Scotland) Act 1980 as a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. This guidance refers specifically to education authorities. In practical terms this means the local authority or council when exercising its education related functions.

Working day

A working day is defined as a day that is not a Saturday; a Sunday; a day from 27th December to 31st December (inclusive); a day in July; or a day specified as a bank holiday in Scotland in or by virtue of the Banking and Financial Dealings Act 1971( 2).


Back to top