Kent County Council (21 002 972)

Category : Education > School admissions

Decision : Closed after initial enquiries

Decision date : 10 Jun 2021

The Ombudsman's final decision:

Summary: We cannot consider Mrs X’s complaint about an unsuccessful school admission appeal for her daughter. This is because the law prevents us from considering complaints about admission appeals for academy schools.

The complaint

  1. Mrs X complains about an unsuccessful school admission appeal for her daughter.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

  1. Mrs X applied for her daughter (Y) to attend School Z. This is a selective school and Y sat the entrance exam. School Z did not offer Y a place. Mrs X appealed the decision. Mrs X is concerned the panel did not take into account all the evidence she presented. This includes information about events which took place before and during the entrance exam.
  2. The exception at paragraph 3 applies to Mrs X’s complaint. School Z is an academy school. We have no powers to consider admission appeals for academy schools. Mrs X should complain to the Education, Skills and Funding Agency as the body responsible for considering such complaints.

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Final decision

  1. We cannot investigate Mrs X’s complaint. This is because the law prevents us from considering complaints about admission appeals for academy schools.

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Investigator's decision on behalf of the Ombudsman

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