The Ombudsman's final decision
Summary: We will not investigate this complaint about school admissions. This is because it is unlikely we would find fault with the issues complained about.
The complaint
Mr X says that technical issues prevented him from submitting an application for his child’s secondary school place on time. He says the Council’s system is not fit for purpose.
Mr X says the Council has asked him to make a late application which he says will prevent his child from having equal access to school allocations.
He says it has taken him time to resolve the issue and caused his child tremendous anxiety.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X said that technical issues with the Council’s online admissions system, prevented him from submitting an application for his child’s secondary school place on time.
The Council provided a full explanation of technical issues experienced by some users and was able to confirm that Mr X’s application did not encounter these issues. The Council said its system prompts applicants to ensure the application has been submitted. Mr X also had the opportunity to report any problems with the system at the time of application, which he did not do. It is unlikely investigation by the Ombudsman would identify fault by the Council.
Despite Mr X’s application failing to submit, he still had the opportunity to make a late application. He said applying late would prevent his child from having equal access to school allocation.
We do not know the outcome of any late application. Should Mr X’s child not receive a place at their chosen school Mr X has the right to appeal the admission authority’s decision.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would find fault with the issues complained about.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman