The Ombudsman's final decision
Summary: We will not investigate this complaint about a school admission appeal. This is because Mrs X can submit a fresh appeal for the current academic year. An investigation by the Ombudsman is not justified because it would not achieve anything more.
The complaint
The complainant, Mrs X, complained about an unsuccessful school admission appeal for her daughter. Mrs X is unhappy with how the appeal was conducted.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way a school admissions appeals panel made its decision. If there was no fault in how the panel made its decision, we cannot question the outcome. If we find fault, which calls into question the panel’s decision, we may ask for a new appeal hearing. (Local Government Act 1974, section 34(3), as amended) We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because she can submit a fresh appeal for the current academic year. Consideration of the previous appeal would not achieve anything more, even if we were to find fault. An investigation is not therefore warranted.
Investigator's decision on behalf of the Ombudsman