Summary: The Ombudsman exercised discretion not to investigate Ms F’s complaint about the appeal panel failing to properly consider her appeal against the decision to refuse her son a place in Year 7 this year at her preferred school. This is because we can achieve no worthwhile outcome for her as she would not transfer him from the school he now goes to even if we found fault and she had a successful new hearing.

The complaint

1. Ms F complains about the appeal panel failing to properly consider her appeal against the decision to refuse her son a place in Year 7 in September 2021 at her preferred school; as a result, she has the stress of getting her children to different schools.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered all the information Ms F sent, the notes I made of our telephone conversation, and information previously sent by the Council.

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What I found

5. Ms F applied for a Year 7 place for her son to start in September 2021 at her preferred school. The Council refused her application because the school was oversubscribed. Ms F was unhappy with this decision and the offer of another school twice as far from their home as the preferred school. She unsuccessfully appealed the Council’s decision to an appeal panel but believes the panel failed to properly consider it.
6. When discussing the case with Ms F, I asked what she would do if we investigated this complaint and found fault. This is important as a likely remedy on an admission complaint is to recommend a rehearing of the appeal with a new appeal panel to remedy any injustice found because of the fault.
7. Ms F explained she was not prepared to move her son from the school he now goes to even if the appeal panel upheld her new appeal. This is because he is settled there, and she does not wish to put him through the stress the appeal caused.
8. I exercised discretion to discontinue the investigation of this complaint because we can not achieve a worthwhile remedy for her if we found fault causing her an injustice.

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Final decision

9. I decided to exercise discretion not to investigate this complaint any further because we can achieve no worthwhile outcome for her.

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Investigator's decision on behalf of the Ombudsman