The Ombudsman's final decision
Summary: We stopped investigating Miss X's complaint about a school admissions appeal. This is because we cannot investigate complaints about admissions to academies.
The complaint
Miss X complained that the Council refused her request for a second appeal panel to her first-choice school. She says their change of address is a significant change in circumstances and that not going to the preferred school is affecting her child's mental health.
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 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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academy schools. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered the complaint and information provided by Miss X and the Council.
I considered the Ombudsman's jurisdiction.
What I found
We will not investigate Miss X’s complaint. This is because the school at the heart of her complaint is an academy. It is the Academy Trust, as the school’s admission authority, which is ultimately responsible for deciding matters about school admissions. We have no powers to consider complaints about academies. This includes any actions by the Council linked to school admissions at an academy.
Final decision
I intend to stopped investigating this complaint. We cannot investigate complaints about academies.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman