Summary: We will not investigate this complaint about the education provided to the complainant’s daughter and the school admissions process. We have no powers to consider complaints about what happens in schools. Miss X can appeal the decision not to offer her daughter a place at her preferred schools. Both schools are academies, and we have no powers to consider complaints about admissions to this type of school.

The complaint

1. The complainant, Miss X, complained about the education delivered to her daughter (Y). Miss X says Y’s school failed to support her. Miss X is also unhappy Y has not been offered a place at either of her preferred schools. Miss X is concerned with how her original application was dealt with and Y’s waiting list position for both schools. Miss X is also unhappy with how the Council has dealt with her complaint.

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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 cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
4. 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)
5. School admission appeal panels are tribunals which hear appeals about decisions on applications for school places.
6. We cannot investigate the actions of bodies such as school academies. (Local Government Act 1974, sections 25 and 34(1), as amended)
7. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by the complainant.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not start an investigation into Miss X’s complaint.
11. We have no powers to consider Miss X’s complaint about the actions of Y’s current school. The law is clear on this. Miss X needs to complain directly to the school.
12. Miss X has the right to appeal the decision not to offer her child a place at any of her preferred schools to a school admission appeal panel. These panels are statutory tribunals. When a person can appeal to a tribunal, we expect them to use this right unless it is unreasonable for them to do so. The panel can consider how Miss X’s application has been dealt with by the Council and the schools she applied to. Appeal panels can offer an appellant’s child a school place. This is the outcome Miss X wants but is not something we can achieve. It is therefore reasonable for her to appeal and so we will not investigate.
13. Both of Miss X’s preferred schools are also academies. The academy trusts have ultimate responsibility for admissions. Any actions by the Council relating to admission to these schools was on behalf of the academy trust. It was effectively acting as a contractor. We cannot consider complaints about academy schools and the Council’s related actions are also outside our jurisdiction. This exclusion applies to any concerns about admission appeals to academy schools. Complaints about such appeals are for the Department for Education
14. Miss X’s complaint is not one we have any jurisdiction to consider. This includes the Council’s handling of her complaint.

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Final decision

15. We will not investigate Miss X’s complaint. We cannot consider complaints about what happens in schools, and it is reasonable for Miss X to use her appeal rights. We have no powers to consider complaints about admissions to academy schools.

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Investigator's decision on behalf of the Ombudsman