The Ombudsman's final decision
Summary: We will not investigate X’s complaint about the Council’s actions about a school admissions application as the school is an academy.
The complaint
X says the Council failed to allow his application for a deferred school entry to be heard by its decisions panel.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as school academies. (Local Government Act 1974, sections 25 and 34(1), as amended).
How I considered this complaint
I considered information provided by X which included the Council’s reply to him.
I considered the Ombudsman’s Assessment Code.
My assessment
X wanted his child, D, to start school a year late. X’s preference is for D to attend School Z the same school as a sibling. School Z is an academy.
The Council has a procedure for deciding applications for children to be educated outside of their age group. This procedure applies to Council maintained schools and can apply to academies if they choose to adopt it.
X says School Z would not agree to D starting in the year below. X says this decision should have been considered and decided by a special Council panel called EOYG.
We cannot investigate School Z’s admissions decisions as it is an academy. This includes its decision whether to use or follow the EOYG. This includes any Council actions about School Z’s admissions such as whether to pass the case to the EOYG.
Final decision
We will not investigate X’s complaint about a School’s admissions decisions as the school is an academy.
Investigator's decision on behalf of the Ombudsman