The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council deals with applications for school places. This is because there is not enough evidence of fault. Mr X can approach the Office of the Schools Adjudicator if he thinks the Council’s policy is wrong.
The complaint
The complainant, whom I shall refer to as Mr X, complained the Council does not require consent from all those with parental responsibility when making an application for a school place. Mr X wants the Council to change its policy.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
In its response to Mr X’s complaint the Council said it had taken legal advice. It did not believe the Council was required to insist that all those with parental responsibility provided their details and indicated they agreed with an application for a school place. The Council referred to legislation which required it to “make arrangements to enable the parent of a child” to apply for a school place. It quoted the School Admissions Code and a section which specifically prohibits admission authorities from requiring both parents to sign a form. The Council said that in the absence of a court order it was required to process an application from a person with parental responsibility.
While I understand Mr X is concerned with the issue at the heart of his complaint, we will not start an investigation. This is because all those with parental responsibility can apply for a school place. There is no requirement in law though for councils to obtain consent from both parents before they process an application. So, if we investigated, we would not say there was fault in the way the Council has acted.
If Mr X thinks the Council’s admission arrangements are unlawful, he could contact the Office of the Schools Adjudicator (OSA). This is the body set up to consider objections and variations to school admission arrangements. The OSA would then decide if Mr X’s complaint is one it can consider.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman