Summary: A parent complained that she missed a school admission appeal hearing because the Council gave her misleading information about the appeal venue. But we cannot investigate this matter because the Council was acting on behalf of an academy school, and we have no jurisdiction to consider complaints about academies.

The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academy schools. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

3. I considered the information Ms B provided with her complaint. I also took account of the Ombudsman’s Assessment Code.

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My assessment

4. The Council provided an appeals service for the School in Ms B’s case. This involved setting up an independent appeal panel and making the practical arrangements for the appeal hearing.
5. But in doing so the Council was acting as a contractor on behalf of the School. The School is its own admission authority and therefore takes final responsibility for decisions about admissions and any appeal arrangements. So Ms B’s complaint is ultimately against the School rather than the Council.

Final decision

6. We cannot investigate Ms B’s complaint that misinformation from the Council resulted in her missing the appeal panel hearing about the refusal of places for her children at the school she wanted. This is because the Council was acting on behalf of the school at the time. But the school is an academy, and the law prevents us from considering complaints about academies or appeals for academies.

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Investigator's decision on behalf of the Ombudsman