Summary: The Ombudsman discontinued the investigation of Mr K’s complaint about the Council’s refusal to offer his daughter a place in Year 7 at the preferred school and the failure of the appeal panel to properly consider his evidence. His daughter recently receiving a place at the school means there is no injustice to remedy even if we had gone on to find fault.

The complaint

1. Mr K complains:
1. the Council was at fault for refusing his application for his daughter to attend Year 7 at the preferred school; and
2. the appeal panel failed to properly decide their appeal against the decision to refuse her a place at the school.
2. As a result, the family is distressed as they are concerned about the impact this will have on their daughter because of her medical needs.

Back to top

The Ombudsman’s role and powers

3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

5. I considered all the information Mr K sent about his complaint, as well as information obtained from the Council.

Back to top

What I found

6. Mr K applied for a Year 7 place for his daughter to attend their preferred school while living at property 1. At the end of January 2021, they moved to property 2, which is much nearer the school. He says they contacted the Council in early February about the move. In April, Mr K received a letter saying the Council had allocated his daughter a place at another school instead because the preferred school was full.
7. Mr K appealed this decision to an independent appeal panel. The panel did not uphold his appeal.
8. Mr K believes the Council failed to take account of the change of address when it processed their admission application. The Council says it received information about the move at the end of April which was too late for it to consider as part of the admission application. This is because its admission policy says only information received before 6 January 2021 is considered as part of the application.
9. As it received information about the move after this date, it could not take it in to account. This meant it considered property 1’s address, which was further away from the school than property 2, when applying the oversubscription distance criteria. He also considers the Council failed to take account of medical and social information provided.
10. Mr K believes the appeal panel failed to properly consider both their submission about the Council’s failure to take account of the change of address and their medical and social information.
11. Mr K emailed me to say his daughter, who was on the school’s waiting list, now has a place at the preferred school.
12. I decided not to investigate this complaint further. This is because his daughter now has a place at the preferred school. Had our investigation continued and found fault, our likely recommendation to remedy any injustice caused would be a re-hearing. This would put Mr K back in the position he would have been in but for any fault and there is no guarantee the panel would have upheld his appeal.
13. Put simply, there is nothing here we can remedy as the offer of a place is better than the remedy we could have recommended.

Back to top

Final decision

14. I have discontinued the investigation of Mr K’s complaint against the Council.

Back to top

Investigator's decision on behalf of the Ombudsman