Summary: The Ombudsman will not investigate Mr A’s complaint that the Council has refused his application for a school place for his son. This is because it would be reasonable for Mr A to use his right to appeal against the Council’s decision.

The complaint

1. The complainant, who I will refer to as Mr A, complains that the Council has refused his application for a school place for his son.

Back to top

The Ombudsman’s role and powers

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)

Back to top

How I considered this complaint

3. I have considered what Mr A has said in support of his complaint and relevant information provided by the Council.

Back to top

What I found

4. Mr A applied for a school place for his son for admission to Reception in the 2019/2020 school year. He complains that the Council has refused the application. Mr A argues that the Council’s decision will have a negative impact on his son’s education.
5. The Ombudsman will not investigate Mr A’s complaint. Mr A has the right to appeal against the Council’s decision to the independent school admission appeal panel. The Council says he has not yet done so. Where appeal rights exist, the Ombudsman usually expects them to be used. It would be reasonable for Mr A to use his right to appeal.

Back to top

Final decision

6. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr A to use his right to appeal.

Back to top

Investigator's decision on behalf of the Ombudsman