Summary: The Ombudsman will not investigate Mr B’s complaint that the Council has been at fault in the administration of the school admission and appeal process. This is because investigation would achieve nothing significant for him.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council was at fault in the administration of the school admission and appeal process.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We cannot question whether an independent school admissions appeals panel’s decision is right or wrong simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. If we find fault, which calls into question the panel’s decision, we may ask for a new appeal hearing. (Local Government Act 1974, section 34(3), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academy schools. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I have considered what Mr B has said in support of his complaint and the correspondence he has provided. I have also considered Mr B’s comments on my draft decision.

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What I found

6. Mr B applied for a school place for his child for September 2020 admission to primary school. His application was unsuccessful. Mr B used his right to appeal for places at three primary schools. Two were community schools and one was an academy.
7. The Ombudsman cannot investigate matters relating to applications or appeals for academy schools. This is the case even where the administrative processes are carried out on the academy’s behalf by a council. The Ombudsman has no jurisdiction in this matter.
8. Regarding the community schools, Mr B complains that the Council used unsafe routes in the calculation of home to school distances, and that the appeal panel failed to properly consider his representations on the matter. He further complains that it failed to properly consider the alleged increase in teaching space at one of the schools.
9. Mr B says he wants the Council to amend its processes for future years. He does not want to change the outcome of his own application and is not seeking an apology.
10. If the Ombudsman finds fault on a council’s part in relation to an application and appeal, the most we will normally seek to achieve is that a fresh appeal is offered to the complainant. That is not appropriate here, as Mr B does not wish to change the outcome of the process. That being the case, there is nothing significant to be gained for him by investigation of his complaint.
11. Other applicants who may be affected by the alleged fault Mr B identifies will have recourse by way of appeals and ultimately a complaint to the Ombudsman. It will be for them to challenge the Council’s decisions on the basis of their own circumstances.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because investigation would achieve nothing significant for Mr B.

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Investigator's decision on behalf of the Ombudsman