The Ombudsman's final decision
Summary: We will not investigate this complaint about the processing of an in-year application for a school place. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council. Also, we cannot investigate complaints about academy schools.
The complaint
The complainant, whom I shall refer to as Miss X, complained about the way the Council dealt with an in-year application for a school place. Miss X complained about the time taken to process the application and said delays by the Council left her son without a school place. Miss X is unhappy schools rejected her applications and says the Council did not support her applications to schools in a neighbouring area.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended) We cannot investigate the actions of bodies such as school academies. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Background
The Council has responded to a complaint from Miss X. I have summarised its response below.
The Council said it received an in-year application for a school place from Miss X for her son (Y) on 31 July 2021. This was after the family moved into the area.
There is no requirement for councils to co-ordinate in-year admissions, but some, like this one, do carry out this role. The Council processes in-year applications from parents, but merely communicates the School’s decision if it is an academy.
Miss X’s application requested a place at School B. This is an academy so the School is the admission authority and responsible for deciding which children it will offer a place.
The Council refused Miss X’s application on behalf of School B as there were no places available.
The Council offered Y a place at School C as the next nearest school with a space. This is also an academy. In September 2021, School C decided to withdraw the place offered to Y. The Council told Miss X about this decision on 15 September and her right to appeal the decision to an Independent Appeal Panel.
The Council referred Miss X’s application to its Fair Access Panel. Fair Access Protocols exist to ensure certain groups of children without a school can be offered a place as quickly as possible. The Council also asked for an Educational Psychologist (EP) report to ensure a mainstream school was suitable for Y.
The Council received the EP report on 25 October. This said Y could attend a mainstream school. The Council confirmed this with School C which again refused Miss X’s application.
On 17 November, Miss X told the Council she no longer wanted a place at School C. The Council offered a place at School D on the same day. This is also an academy. Y started at School D on 03 December. The Council has told Miss X it is pursuing the time taken for Y to start at School D with the School.
Assessment We do not investigate all the complaints we receive. We use various tests to decide which cases to investigate. These tests include the likelihood of finding fault. There are also some things we cannot investigate.
While I understand Miss X’s frustrations about the time taken to secure a school place for Y, there is not enough evidence this was due to fault by the Council. We will not therefore start an investigation into her complaint.
The Council offered Y a place at School C when it could not offer Y a place at School B. This was at the end of July – during the summer break. It was only on 15 September that School C withdrew the place offered. That was not the Council’s decision, it was School C’s. We cannot investigate the actions of School C because it is an academy. They are not within our jurisdiction.
The Council then passed the case to its Fair Access Panel and asked for an EP report. This was to ensure Y was offered an appropriate school place. As soon as the Council received the EP report, around four school weeks later, it again passed the matter to School C. Given the circumstances of the case we could not say the time taken to obtain the EP report represents significant fault by the Council. There is also nothing in the School Admissions Code which was in effect at the time about how quickly councils should process applications if they do deal with in-year admissions.
It was only on 17 November that School C again refused the application. Again, that was the School’s decision, not the Council’s, and is not something we can consider. Any delay was not due to the Council.
Once School C had refused Miss X’s application for a second time, the Council offered Y a place at School D. Any delay in Y starting at the School is outside our jurisdiction as the School is an academy.
I understand Miss X’s frustrations. But based on the information I have seen there is not enough evidence of fault by the Council to warrant us investigating. Miss X can pursue her complaints about any of the academy schools through their own complaints process, and potentially through the Education and Skills Funding Agency.
It was also not the Council’s role to support Miss X with applications for places at schools in other councils. An investigation by the Ombudsman is not therefore warranted.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council. We cannot investigate complaints about academy schools.
Investigator's decision on behalf of the Ombudsman