Summary: The Ombudsman will not investigate Miss X’s complaint about her application for a school place. This is because it is reasonable for Miss X to use the appeal rights available to her.

The complaint

1. The complainant, whom I shall call Miss X, complains about the decision not to offer her son a place at one of her preferred schools. Miss X says the school offered is not suitable.

Back to top

The Ombudsman’s role and powers

2. Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. School admission appeal panels are independent tribunals which consider appeals about refusals of applications for school places.

Back to top

How I considered this complaint

5. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

Back to top

What I found

6. Miss X applied for her son (Y) to start Reception in September 2020. Because all the schools Miss X applied for were oversubscribed, their oversubscription criteria were used to decide which children the Council would offer places to. The Council did not offer Y a place at any of Miss X’s preferred schools. In line with its published admission arrangements, the Council offered Y a place at the closest school with spaces.
7. Miss X has complained to the Council. She says the school offered is not suitable because of difficulties she has previously had with parents who have children at the school. Miss X has asked if it is possible for the Council to offer Y a place at one of her preferred schools, or to move him up the waiting lists. Miss X has complained to the Council because it does not give parents the opportunity to say if there are schools they would not like their child to attend.
8. The Council has responded to Miss X’s complaints. It has explained it needs to comply with School Admissions Code and that applications are dealt with in line with its published arrangements. The Council’s coordinated admissions scheme does not allow parents to say if there any schools they would not like their child to attend. The Council has told Miss X that Y can be on the waiting list for any schools where an application has been refused. It has explained to Miss X it cannot offer ‘exceptional priority’ to Y as there was no evidence “your preferred schools were exceptional in their capacity to provide for your son.”
9. Miss X has a right of appeal to an independent panel about the decision not to offer Y a place at any of her preferred schools. In considering an appeal the panel needs to consider the school’s admission arrangements and if they have been properly applied. The panel then needs to consider if the parent’s appeal is strong enough to outweigh the school’s reason(s) for refusing admission. In some appeals this can be a high test.
10. As I explain in paragraph 3, the law says the Ombudsman cannot normally investigate a complaint when someone can appeal to a tribunal. School admission appeals are a tribunal. I see no reason Miss X should not use the appeal rights available to her. The panel can consider how Miss X’s application has been considered and any arguments she wants to put forward. If Miss X was unhappy about the conduct of the appeal, then she may have a further right of complaint to the Ombudsman.

Back to top

Final decision

11. The Ombudsman will not investigate Miss X’s complaint. This is because it is reasonable for Miss X to use the appeal rights available to her.

Back to top

Investigator's decision on behalf of the Ombudsman