Summary: We will not investigate this complaint about the advice the Council gave to schools about school admissions. Investigation by us would be unlikely to lead to a different or worthwhile outcome.

The complaint

1. Mr X and Mrs Y said the Council decided issues and gave advice to schools that led to their child having to attend a school further from home than necessary. They said the Council’s errors included:
2. deciding the relevant date for considering the child’s home address;
3. misunderstanding terminology in national policy documents for deciding the address;
4. inappropriate consideration of the information provided; and
5. acting in an unprofessional manner.

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The Ombudsman’s role and powers

6. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council has confirmed that the school Mr X and Mrs Y wished their child to attend is a free school. We have no jurisdiction to consider school admissions cases involving free schools, which also act their own admissions authorities. Complaints about admission appeals for free schools are considered by the Education and Skills Funding Agency (ESFA)
10. The matters complained of concern a possible misapplication of the admissions arrangements for the free school due to Council advice. This advice concerned the family’s home address affected by movement restrictions during the Covid-19 pandemic. They are matters that an admission appeal panel for the school would have had to consider. They are not separable from the issue of the refusal of a place by the free school and any consequent appeal hearing.
11. Investigation by us would not lead to a different outcome because we could not make recommendations concerning the free school to remedy any injustice to Mr X and Mrs Y’s child. The circumstances that applied at the time are also unlikely to be applicable widely in future. So, it is unlikely that investigation by us would lead to a worthwhile outcome in the public interest.

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Final decision

12. We will not investigate Mr X and Mrs Y’s complaint because this would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman