Summary: We will not investigate this complaint about the way a selection test for grammar school entry was delivered. Mr X says his son was given inconsistent and confusing information before, and during, the test. He says this affected his son’s performance in the test. This is because it is reasonable for Mr X to use his right of appeal to a Tribunal.

The complaint

1. Mr X complains about the way a selection test for grammar school entry was delivered. He says his son was given inconsistent and confusing information before, and during, the test which affected his son’s performance in the test. He says his son was not offered a grammar school place as he did not achieve the required score.

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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 it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6))
3. The law says we normally cannot investigate a complaint when someone can appeal to a tribunal about the same matter. 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. School admission appeal panels are independent tribunals which consider appeals about refusals of applications for school places.

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How I considered this complaint

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

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My assessment

7. Mr X confirmed his son was not offered a place at a grammar school due to not meeting the automatic qualifying score.
8. Mr X has a right of appeal to an independent school admission appeal panel. One of the matters an appeal panel can consider is whether the admission arrangements have been correctly applied in the child’s case. The assessment of a child’s suitability for a grammar school is part of a grammar school’s admission arrangements. Further, the School Admission Appeals Code specifically highlights that panels can consider appeals where the appellant believes the child did not perform at their best on the day of the entrance test.
9. The law says we normally cannot investigate complaints where someone has a right of appeal to a statutory tribunal unless we consider it unreasonable for the person to appeal. School admission appeal panels are statutory tribunals. I cannot see any reason for why it is not reasonable for Mr X to use his right of appeal.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable for him to use his right of appeal to a Tribunal.

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Investigator's decision on behalf of the Ombudsman