Summary: We will not investigate this complaint about how the Council handled Miss X’s application for a school place. This is because the Council was acting on behalf of an academy school. We have no powers to consider complaints about academies.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about how the Council dealt with her application for a place at an academy school. Miss X says the Council incorrectly advised her and did not properly process her application. Miss X is unhappy with the school’s catchment area.

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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 councils and certain other bodies. We cannot investigate the actions of bodies such as Academies and Free Schools. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Miss X’s complaint. This is because the school at the heart of her complaint is an academy. The Council’s role in the admissions process was to carry out a function on behalf of the school. The Council was effectively acting as a contractor for the Academy Trust; this is the body which has ultimate responsibility for school admissions. This includes deciding catchment areas. We have no powers to consider complaints about academies. The case is outside our jurisdiction with no discretion to investigate.

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Final decision

7. We will not investigate Miss X’s complaint because we cannot investigate complaints about academies.

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Investigator's decision on behalf of the Ombudsman