City of York Council (99C01876 and 7 others)

School admissions                      Maladministration causing injustice

26 April 2000

The headteacher of a school made unauthorised offers of school places to five sets of parents. The offers were subsequently withdrawn by the local education authority (LEA). Following protests by the parents, the Council decided to admit the children because of the exceptional circumstances.

A different group of parents, who had been refused admission and lost their subsequent appeals, complained that if places were made available they should be for their children as they were top of the waiting list. The Council acknowledged their unhappiness but considered that, since the places ought not to have been offered to the first group, they were in no worse position.

The Ombudsman found that the Council was responsible, despite the dispute between officers of the LEA and the headteacher, for the actions of the headteacher. She considered that the unauthorised offers were maladministration and that there was injustice to children in both groups – the first for the distress and uncertainty and the second in that the admission of the other children had caused them an understandable sense of outrage.

Remedy

In accordance with the Ombudsman's recommendations, The Council paid each complainant £250 compensation. The Council also offered four of the complainants the choice of a place at the school or an additional £250. All the parents chose to receive the additional sum.

LGO satisfied with Council's response: 23 August 2000

Date Updated: 23/04/10