Summary: We have no reason to investigate this complaint from a parent that the Council had not done enough to find a school place for her son. This is because there is no sign of fault by the Council regarding this matter.

The complaint

1. The complainant, who I shall call Mrs D, complained that the Council had failed to find a suitable primary school for her son (‘E’) since her family moved to the area in September 2021. In particular Mrs D felt the Council should have done more to secure a place for E at the local primary school (‘the School’) attended by his sibling.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered the information Mrs D provided with her complaint and her comments when we spoke on the telephone. I also gave Mrs D a chance to comment on a draft version of this decision before I reached a final view in her case. In addition, I took account of information from the Council about what it had done to help find a school for E.

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My assessment

4. I do not see sign of fault by the Council in Mrs D’s case.
5. Mrs D was understandably anxious for E to be admitted to the School given his sibling already had a place there and it is a short distance from the new family home. But E’s year group at the School was full so it refused Mrs D’s application for admission.
6. However the School is a voluntary aided school which means it is responsible for deciding its own admissions. The Council had no power to force the School to accept E in these circumstances. Nevertheless the Council correctly advised Mrs D on her right of appeal about the School’s refusal decision, and that she could register E on its waiting list.
7. Where a parent requests details of schools with available places councils must provide this information. In Mrs D’s case the Council informed her about other schools she could apply for soon after her application to the School was refused. Mrs D said she could not apply to those schools as they were too far away and she had no transport of her own. But the Council also informed Mrs D how she could apply for help with school transport.
8. I note that the Council continued to stay in touch with Mrs D about progress with her appeal for the School. After the independent appeal panel rejected Mrs D’s appeal in October, the Council wrote to her again with details of three other schools with vacancies at that time. All these schools were over three miles away from Mrs D’s home. But the Council also reminded Mrs D again about applying for assistance with transport to school. It appears Mrs D has not applied for any other schools to date.
9. The law says that councils must make suitable educational provision for children of compulsory school age who are absent from school for reasons other than illness or exclusion. But this duty does not apply where a parent has rejected an offer of educational provision which is reasonably available and accessible to the child.
10. I see no reason to doubt that the schools the Council has told Mrs D about were the ones nearest to her home with vacancies at the time, and there were no places available at closer schools. In addition, although Mrs D would clearly prefer E to go to a more local school, it appears the alternative schools identified by the Council were still within a reasonable distance, taking account of the potential provision of help with school transport.

Final decision

11. I do not see we have grounds to start an investigation of Mrs D’s complaint about the Council’s failure to find a suitable school place for her son. This is because there is no sign of fault by the Council regarding this matter.

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Investigator's decision on behalf of the Ombudsman