The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a school’s admissions appeals decision letter. It is unlikely our investigation would recommend any remedy.
The complaint
The complainant, whom I shall call Mrs X, complains about the Council’s school admissions appeal panel decision letter.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
Background
Mrs X appealed the Council’s decision, to an independent school admissions appeals panel, not to offer her child a place at School Y. She had only stated School Y as preference on her application form and it is eight miles from her home. The last place was given to a person who lived 0.66 miles from School Y.
Mrs X wanted School Y because an elder child had attended there and enjoyed it. It also fits in with her work commitments, her child care cover and the school a younger child attends.
The Council offered her School Z. This is the closest school to their home and the Council confirmed it would provide free transport.
The appeal panel heard her case by Zoom, on 18 May 2022. There were other parent’s appeals heard on the same day. The Council’s appeal panel decision letter is dated 30 May 2022. Mrs X says she understands other parents received their decision letter on 31 May. She says she did not. She says she chased the Council on 1 June and received the decision letter, the next working day, after the bank holiday weekend which covered 2 to 5 June, on 6 June 2022.
Mrs X says the decision letter lacks care. She believes it’s a ‘cut and paste’ letter, the same to all appellants. She says there is another child’s name stated towards the end of the letter. She complained to the Council the day she received it.
The Council replied on 12 July 2022. It apologised for the name error. It claims it sent the decision letter on 31 May. Mrs X says she has asked for evidence and none has been provided. Mrs X says the whole episode has caused her and her child distress, time and worry.
Analysis The Schools Admissions Appeals Code has had temporary changes to take into account the effect of COVID-19. It says decision letters should be sent within seven calendar days. That means even if the Council sent the letter on 31 May, it was already six days late.
I do not consider the delays in sending the decision letter are sufficient enough fault or injustice to justify any remedy. Given the number of working days between 1 June and 6 June, the Council sent the decision letter promptly once Mrs X said she had not received it.
The Council has apologised for the wrong child’s name appearing at one point in the letter. I do not consider that a further remedy for this is justified.
It is unlikely we would criticise the Council for being efficient and consistent in using the same wording for similar letters. The decision letter has the personal appeal reasons Mrs X gave, in it.
Mrs X is unhappy with the Council’s response. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we would recommend a remedy for the alleged fault.
Investigator's decision on behalf of the Ombudsman