Summary: Mr B complained to us about a school admission education appeal. We have discontinued investigation as Mr B’s son now has a place at the school.

The complaint

1. I have called the complainant ‘Mr B’. He complained to us about an education school admission appeal. Mr B complained the appeal did not decide his case on correct information. It allocated his son a place at an alternative school using the wrong calculation of home to school distance.
2. Mr B said as a result he did not consider his son’s case received a fair hearing at appeal, denying his son the opportunity of going to his preferred school.
3. We accepted this complaint as one we should investigate. After we made that decision Mr B contacted us to say the Council had now offered his son a place at his preferred school

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. In reaching my decision I considered information provided to us by Mr B and the Council. I also sent a draft decision to both setting out my thinking and inviting their comments. I did not receive comments from either in response to the draft decision.

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What I found

6. I have not made findings of fact in this case. Nor have I come to any view on whether the Council or appeal panel was at fault.
7. This is because I have decided to discontinue my investigation. I have done this for two reasons. First, it is unlikely I could achieve any different or better result for Mr B than his son gaining a place at his preferred school. The Council has now offered this.
8. Second, I understand from Mr B that he sees no benefit in us investigating the complaint either, given this change in circumstance.

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Final decision

9. I have discontinued my investigation for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman