Decision : Closed after initial enquiries
Decision date : 28 Apr 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about misleading information in both policy and process. The complaint concerns a school admission and Mr X has a right to appeal against the refusal of a place it would be reasonable to use.
- Mr X said the Council provided misleading information regarding policy and process. He said this had caused his family stress.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I have read Mr X’s complaint correspondence with the Council. The complaint concerns an application for a secondary school place for September for Mr X’s child. A school admission appeal panel can consider Mr X’s case for his child’s admission to his preferred school, including his views about discrimination and faults in admission arrangements.
- We will not investigate Mr X’s complaint because he has an alternative remedy available via a right to appeal to a school admission appeal panel against the refusal of a school place for his child. It would be reasonable for him to use this right of appeal.
Investigator's decision on behalf of the Ombudsman