The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about his application for a school place. This is because it is reasonable for Mr X to use the appeal rights available to him.
The complaint
The complainant, whom I shall refer to as Mr X, complained errors by the Council meant it did not properly process his application for a school place. Mr X says his son has now been refused places at all his preferred schools.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) School admission appeal panels are independent tribunals which consider appeals about refusals of applications for school places.
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
Mr X has a right of appeal to an independent panel about the decision not to offer his son a place at each of his preferred schools. In considering an appeal the panel needs to consider the school’s admission arrangements and if they have been properly applied. If the panel found there was an error, which meant Mr X’s son should have been offered a place, it would be required to uphold the appeal and offer a place. This is the outcome Mr X wants.
As I explain in paragraph 3, the law says the Ombudsman cannot normally investigate a complaint when someone can appeal to a tribunal. School admission appeals are a tribunal. I see no reason Mr X should not use the appeal rights available to him. The panel can consider how Mr X’s application has been considered and any arguments he wants to put forward. An appeal can give Mr X the outcome he wants.
I understand Mr X’s preferred schools are all academies. If Mr X was unhappy with the outcome of his appeals he could complain to the Education & Skills Funding Agency.
Final decision
We will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to use the appeal rights available to him.
Investigator's decision on behalf of the Ombudsman