The Ombudsman's final decision
Summary: We will not investigate this complaint about school admissions. This is because we have no powers to investigate complaints about academy schools.
The complaint
The complainant, whom I shall refer to as Mr X, appealed for a place at an academy school for his child. Mr X says one of the panel members told him there would be a right of further appeal if Mr X moved address. Mr X says the Council has told him this is not the case. Mr X wants a fresh appeal.
The Ombudsman’s role and powers
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 academies (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint. This is because the school at the heart of his complaint is an academy. We have no powers to consider complaints about academy schools. This exclusion applies to the appeal hearing Mr X attended and any actions the Council has taken on behalf of the academy. This includes refusing a place and the administration of the appeal. The Academy Trust, not the Council, is the body which is ultimately responsible for deciding matters about school admissions. The Academy Trust is outside our jurisdiction with no discretion and so we will not investigate.
Final decision
We will not investigate Mr X’s complaint because we cannot consider complaints about academies.
Investigator's decision on behalf of the Ombudsman