Oldham Metropolitan Borough Council (19 012 473)
Category : Education > School admissions
Decision : Closed after initial enquiries
Decision date : 05 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about the decision of an Independent Appeal Panel (IAP) to admit a child to the school where the complainant is chair of governors. This is because the complainant is acting in his official capacity and is not a qualifying complainant.
The complaint
- The complainant, who I refer to here as Mr E, says that an IAP hearing an admissions appeal for the school where he is chair of governors, made an incorrect decision to admit a child.
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 can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from people in public office complaining about something relating to their public position. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
- I considered the information provided by Mr E and I sent him an initial view for his comments.
What I found
- Mr E is chair of governors at a school. An IAP hearing an Infant Class Size appeal for the school made the decision to agree a child’s appeal and admit them to the school.
- Mr E has complained on behalf of the school, as he says that the decision was wrong. He feels that the panel either misinterpreted the meaning of unreasonable, or was swayed by an emotional appeal, and did not carry out its duty in accordance with the legislation.
- We are unable to consider this complaint. This is because we can only consider complaints made by a private individual who has suffered personal injustice due to the actions of a Body in Jurisdiction. Mr E is acting in his official capacity as chair of governors, and is therefore not a qualifying person.
Final decision
- I cannot investigate this complaint because the complainant is not a qualifying person.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman