Summary: The Ombudsman cannot investigate this complaint from a parent about the school admission appeal panel’s decision to turn down her appeal concerning a place for her son at an academy school. This is because the law prevents us from considering complaints about appeals for academies.

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 bodies such as school academies, or school admission appeal panels which consider appeals for academies. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered the information Miss B provided with her complaint. I also gave Miss B an opportunity to comment on a draft version of this decision before I reached a final view in her case.

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What I found

5. Last year Miss B applied for a secondary school place for C starting in September 2020. The Council offered C a place at one of Miss B’s preferred schools.
6. Subsequently Miss B’s circumstances changed and she applied for a place for C at the School. However by that time all the places at the School had been filled, so Miss B’s application was refused.
7. Miss B appealed about the refusal of a place, and the School asked the Council to set up an independent appeal panel on its behalf. But the panel turned down Miss B’s appeal. She then complained to the Ombudsman about the panel’s decision.

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Analysis

8. But I have concluded that we cannot investigate Miss B’s complaint about her appeal.
9. The Council organised the appeal in Miss B’s case. But in doing so it was acting on behalf of the School. The School is its own admission authority and therefore is ultimately responsible for decisions about admissions and appeal arrangements. Therefore Miss B’s complaint is against the School rather than the Council.
10. However the School is also an academy. As an academy, the School is not maintained by the Council. We have no jurisdiction to consider complaints about academies or admission appeals for academies. Complaints about academy appeals are dealt with by the Education and Skills Funding Agency.

Final decision

11. The Ombudsman cannot investigate Miss B’s complaint about the school admission appeal panel’s decision in her son’s case. This is because the school in question is an academy and the law prevents us from considering complaints about appeals for school academies

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Investigator's decision on behalf of the Ombudsman