The Ombudsman's final decision
Summary: Mrs X complained about the selection test for grammar school entry. She said it was badly organised and this affected her son’s performance in the test. We will not investigate Mrs X’s complaint. This is because Mrs X will have a right of appeal to an independent panel if her son is refused a place at her preferred school.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the selection test for grammar school entry. Mrs X’s son (Y) sat the test. Mrs X complained about transport to the test, delays to the start time, and problems with the test environment, including shouting. Mrs X said these issues affected her son’s performance in the test and he did not achieve the required mark. Mrs X asked the Council to adjust the scores of those children affected by the issues she complained about. Mrs X also complained the Council had not responded to her request for information.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6)) The law says we normally cannot investigate a complaint when someone can appeal to a tribunal about the same matter. 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.
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection – this includes access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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
If a parent thinks their child has underperformed in the Council’s grammar school selection test, they can ask the Council’s Head Teacher Review Panel to review their score. Parents can still apply for places at grammar schools.
If a parent is refused a place for their child at any of their preferred schools, they have a right of appeal to an independent school admission appeal panel.
Assessment We will not start an investigation into Mrs X’s complaint.
Mrs X can now use the Council’s internal review process by asking for her son’s case to be considered by the Head Teacher Review Panel. I understand Mrs X has submitted such a request.
Mrs X’s application for a school place will be decided in the normal admissions round in March 2023. If Mrs X’s applications to any of her preferred schools are refused, she will have a right of appeal to an independent appeal panel in each case.
One of the matters an appeal panel must consider is whether the admission arrangements have been correctly applied in the child’s case. The assessment of a child’s suitability for a grammar school is part of a grammar school’s admission arrangements. Issues about those assessments can be raised at appeal.
We usually decide not to investigate a complaint where there is an internal review procedure someone can use. Also, the law says we normally cannot investigate complaints where someone has a right of appeal to a statutory tribunal - unless we consider it unreasonable for the person to appeal. School admission appeal panels are statutory tribunals.
I see no reason why Mrs X should not go through the Council’s Head Teacher Review Panel process. If necessary, she can use her right of appeal to an admission appeal panel. The panel could decide to offer Mrs X’s son a place at her preferred school. This is not something we can do. We will not therefore investigate Mrs X’s complaint.
If Mrs X feels the Council has not provided information she is entitled to, then she can contact the Information Commissioner’s Office. It is the appropriate body to consider complaints about access to information.
Final decision
We will not investigate Mrs X’s complaint about the selection test for grammar school entry. This is because it is reasonable for Mrs X to use her right of appeal if her son is refused a place at her preferred school.
Investigator's decision on behalf of the Ombudsman