Summary: The Ombudsman will not investigate this complaint about the refusal of admission for the complainant’s child to her preferred school. This is because she has a right of appeal to an Independent Appeal Panel and it is reasonable to expect her to use it.

The complaint

1. The complainant, who I refer to here as Miss U, says that her daughter has been unfairly refused a place at her preferred school, because, she says, she was given incorrect information about how to notify the Council about her change of address.

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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. 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)

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How I considered this complaint

4. I considered the information provided by Miss U and I have sent her a draft decision for her comments.

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What I found

5. Miss U applied for the school that she wanted her daughter to attend. She was at the time moving house.
6. Miss U’s application was refused because the Council did not receive her proof of address until after the deadline for applications. Miss U says that the refusal was unfair because she alleges she was given incorrect advice about the date for providing the proof of address.
7. Miss U has complained to the Ombudsman but we will not investigate the complaint. This is because she has a right of appeal against the refusal of admission, and can ask the Independent Appeal Panel (IAP) to consider whether the admissions arrangements were fairly carried out.

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Final decision

8. I will not investigate this complaint. This is because Miss U has a right of appeal to an IAP and it is reasonable to expect her to use it.

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Investigator's decision on behalf of the Ombudsman