Summary: We will not investigate Miss X’s complaint about the Council’s handling of her application for a school place under its Fair Access Protocol. We could not add anything to the Council’s response or achieve the outcome Miss X wants.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about how the Council dealt with her application for a school place under its Fair Access Protocol. Miss X is unhappy the Council withdrew its original offer of a school place. It then offered a place at a faith school which Miss X says is unsuitable. Miss X wants the original offer reinstating or an alternative school place.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We cannot investigate the actions of bodies such as school academies. (Local Government Act 1974, sections 25 and 34(1), as amended)
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council considered Miss X’s application for a school place under its Fair Access Protocol. These schemes are to ensure vulnerable children without a school place are offered one as quickly as possible.
9. In its response to Miss X’s complaint the Council said:
• Miss X’s preferred school (School B) had said it could not offer students places. This was because of the presence of Reinforced Autoclaved Aerated Concrete (RAAC). Despite this, the Council decide it would offer Y a place at School B. This was on the understanding that if School B’s claims were correct, the Council would offer Y a place at a different school.
• When it confirmed School B’s claim, the Council offered Y a place at a different school (School C). The Council accepted it would have been better not to have told Miss X about the original offer until the situation at School B had been confirmed. It had now changed its processes.
• It recognised Miss X was unhappy with School C as it is a faith school. There was, however, no duty to comply with parental preferences where schools were full. School C was a reasonable distance from home and Miss X could appeal for places at any schools where an application had been refused.
• It was sorry for any distress.
10. I understand Miss X’s frustrations at what happened. But we will not start an investigation into her complaint. This is because:
• The Council has accepted it should not have told Miss X about a place at School B until it had been confirmed. We could not add anything to the Council’s apology and changes to its processes. Also, the School Admissions Code does allow places to be withdrawn in certain circumstances.
• School B is an academy and we have no powers to consider complaints about such schools. We cannot compel the school to offer Y a place.
• Miss X is unhappy with the Council offering Y a place at a particular faith school. But there is nothing in the School Admissions Code or the Council’s Fair Access Protocol which prevents this. We could not therefore say it is fault.
• Miss X can appeal for a place at any school which has refused her application for a place. Her appeal would be heard by an Independent Appeal Panel (IAP). These are statutory tribunals, and we expect parents to use this appeal right. An IAP could offer Y a place at Miss X’s preferred school. That is not something we can do.
11. For the above reasons an investigation is not appropriate.

Back to top

Final decision

12. We will not investigate Miss X’s complaint. This is because it is unlikely we could add anything to the Council’s response and we cannot achieve what Miss X wants.

Back to top

Investigator's decision on behalf of the Ombudsman