• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision not to allow his son to sit the eleven plus test in September 2021. This is because if Mr X’s son is not offered a place at his preferred school he can appeal to an independent panel. It is reasonable for Mr X to use this appeal right.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Council’s decision not to allow his son to sit the eleven plus test in September 2021. Mr X missed the deadline for registering for the test.

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The Ombudsman’s role and powers

1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. Education appeal panels are set up under the School Standards and Framework Act 1998 to hear appeals against school admission and exclusion decisions. They are a statutory tribunal.

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How I considered this complaint

1. I considered information provided by Mr X and the Council.
2. I considered the Ombudsman’s Assessment Code.
3. I gave the complainant the opportunity to comment on a draft decision and considered any comments received.

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My assessment

1. Places at grammar (selective) schools in the Council’s area are offered based on a child’s performance in the eleven plus test. For places in September 2022, parents could register for the eleven plus between 01 June and 01 July 2021. Children then sit the test in September 2021.
2. Mr X’s son (Y) is due to start secondary school in September 2022. Mr X would like him to attend a selective school. Mr X missed the deadline for registering Y for the selective test. Mr X told the Council this was because his mother caught COVID-19 and he was depressed.
3. The Council has told Mr X it does not accept late registrations for the eleven plus. It has explained it does not have the resources to do this. It has told Mr X he can still list selective schools on his application. Y will not be offered a selective place on 01 March 2022, but Mr X will then be able to appeal the decision. His son would sit the selective test before the appeal hearing. The Council has also explained Mr X can apply directly to selective schools at the end of April 2022. The school(s) will then arrange for Y to sit the test.
4. I understand Mr X is upset his son has not been able to sit the eleven plus. But the Council is simply applying its published arrangements. Mr X can appeal to an independent appeal panel if his application is refused. The panel will be able to consider how his application was handled and any other information Mr X wants to present. It is reasonable for Mr X to use the appeal rights available to him and so we will not investigate.

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Final decision

1. We will not investigate Mr X’s complaint. If his son is not offered a place at his preferred school it is reasonable for Mr X to use the appeal rights which will be available to him.

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Investigator's decision on behalf of the Ombudsman

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