Summary: We will not investigate Mrs X’s complaint about the way the Council dealt with her application for a school place. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council. It is also reasonable for Mrs X to use her right of appeal to an Independent Appeal Panel.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained the Council had not offered her child a place at any of her preferred schools. Mrs X is unhappy with the school offered and says there are a lack of places in the Council’s area. Mrs X says her child is without a school place. Mrs X is concerned with how the waiting lists of her preferred schools have operated.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. Parents can appeal to an Independent Appeal Panel (IAP) if their application for a school place is refused. These panels are a statutory tribunal.

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How I considered this complaint

5. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

6. We will not start an investigation into Mrs X’s complaint.
7. While I understand Mrs X’s frustrations, it is not always possible to offer a place at a parents’ preferred school. It is not evidence of fault by a council when this happens. The Council offered Mrs X’s child a place at the nearest alternative school. This is in line with its coordinated admissions scheme. I understand Mrs X declined a place at this school. The Council has provided details of an alternative school with spaces. There is not enough evidence of fault by the Council to warrant us investigating.
8. Also, if Mrs X wants to pursue a place at one of her preferred schools, she can use the appeal rights available to her. The IAP can look at how her application was dealt with. It can consider how the waiting list has operated. It can decide if admitting a further child would cause prejudice to the school and can consider Mrs X’s reasons for wanting a place. The IAP can award Mrs X’s child a place. This is not something the Ombudsman can do. It is therefore reasonable for Mrs X to use her appeal rights and an investigation by the Ombudsman is not appropriate.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council. Also, it is reasonable for Mrs X to use her right of appeal.

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Investigator's decision on behalf of the Ombudsman