Decision : Closed after initial enquiries
Decision date : 29 Aug 2019
The Ombudsman's final decision:
Summary: Miss V complains a school admission appeal acted with fault by not giving her child, W, a place at the school of her choice. She did not feel it considered W’s needs, or the evidence she submitted, appropriately. This complaint is outside of the Ombudsman’s jurisdiction as it relates to an academy.
- The complainant, whom I shall call Miss V, says a school admission appeal panel acted with fault. She says she was told there were ten spaces available at the school. She felt the extensive medical evidence that she provided for the panel had not been fully considered. Miss V says the panel did not explain properly why her son did not get a place at the school.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academies (Local Government Act 1974, sections 25 and 34A, as amended)
What I found
- Miss V complained about a school admission appeal held for an academy.
- The Local Government and Social Care Ombudsman does not have jurisdiction to consider academy admission appeals. The body who looks at academy admission appeals is the Education and Skills Funding Agency (ESFA)
- This complaint is outside the Ombudsman’s jurisdiction. I am not able to investigate and have closed the complaint on that basis.
Investigator's decision on behalf of the Ombudsman