Summary: A parent complained that the Council had not followed its rules for dealing with separate applications for a school place from both of a child’s parents. However the Ombudsman cannot investigate this matter. This is because the school which decided the applications is an academy school, and we have no jurisdiction to consider complaints about academies. In addition, the law says we cannot investigate a complaint about any action by a council concerning a matter which is itself out of our jurisdiction.

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. In particular, we investigate complaints about councils and certain other bodies. But we cannot investigate the actions of academy schools. (Local Government Act 1974, sections 25 and 34A, as amended)
4. The Courts have said that we cannot investigate a complaint about any action by a council concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

How I considered this complaint

5. I considered the information Mr B provided with his complaint. I also gave Mr B an opportunity to comment on a draft version of this decision before I reached a final view in his case. In addition I took account of information from the Council about Mr B’s application for a school place and its correspondence with him about his complaint.

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What I found

6. In April this year Ms D applied to the School for a place for C. But at that point there were no vacancies.
7. Subsequently Mr B found out about Ms D’s application and contacted the School to query matters.
8. The School told Mr B that in the case of both parents of a child making separate applications for a school, the Council’s rules said the parents would be asked to agree on which application should be acted on. But where there is no agreement both applications would be suspended until matters are resolved between the parties.
9. On that basis Mr B put in a separate application to the School expecting both applications to be suspended. But very shortly afterwards the School offered a place for C based on Ms D’s application. Mr B then complained to the Council.
10. In response the Council said the School had given Mr B incorrect advice, and the process they had outlined was only used for applications received in the normal admissions round. However Mr B’s and Ms D’s applications were in-year applications. For in-year applications parents were free to express their own school preferences, and the admission authority had no power to suspend applications or decide whose wishes took priority.
11. The Council also pointed out that it had no remit to force the School to withdraw the offer it had made.

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Analysis

12. I have concluded that we cannot investigate Mr B’s complaint.
13. In particular Mr B’s substantive complaint about how his application was dealt with is against the School rather than the Council. The School is its own admission authority so it is responsible for deciding about applications for admission. The Council co-ordinates admissions to all maintained schools and academies in its area in the normal admissions round. But it has no role in dealing with applications to the School which are made at other times.
14. However academy schools are not one of the bodies we have jurisdiction over, so we cannot investigate Mr B’s complaint against the School.
15. In addition the law says we cannot investigate a complaint about any action by a council which relates to a matter which is outside our jurisdiction. In the circumstances I also do not see that we can investigate issues about the way the Council responded to Mr B’s complaint regarding his application to the School.

Final decision

16. The Ombudsman cannot investigate Mr B’s complaint that, when dealing with his application for a school place for his daughter, the Council did not follow its rules on handling different applications from both of a child’s parents. This is because the school in question, which made the decisions about the applications, is an academy and the law precludes us from pursuing complaints about academy schools. In addition, the law says we cannot investigate a council’s actions concerning a matter which is itself outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman