Summary: We will not investigate this complaint about the withdrawal of a school place. This is because the Council was acting on behalf of an academy school. We have no powers to investigate when this is the case. The complainant also has a right of appeal against the decision not to offer their child a place.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained the Council wrongly withdrew the school place offered to her daughter.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academies (Local Government Act 1974, sections 25 and 34A, as amended)
4. The law says we cannot normally 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)

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How I considered this complaint

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

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Final decision

7. We will not investigate Miss X’s complaint. This is because the school at the heart of her complaint is an academy. The Academy Trust is the admission authority and ultimately responsible for deciding matters about school admissions. Even if this exception did not apply, we would not investigate. This is because Miss X can appeal the decision not to offer her daughter a place to an independent appeal panel. It is reasonable for Miss X to use this appeal right.

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Investigator's decision on behalf of the Ombudsman