Summary: We will not investigate this complaint about the school admissions process. This is because the Council has accepted it was at fault and it is unlikely we could add anything to its response.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the processing of an in-year application for a school place for his daughter (Y). Mr X said the Council’s mistakes caused unnecessary stress and anxiety. Mr X says he was not sure if Y had been offered a place. This meant he could not buy her uniform and her start at school was delayed.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

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

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What I found

Background

6. The Council has responded to Mr X’s complaint. Its responses included the following:
• Mr X moved into the Council’s area and in March 2023 applied for a place at his preferred school (School Z). The Council offered a place but withdrew it when Mr X explained he needed the place for September. The Council said it should have told Mr X at this point he needed to apply after 01 July. This was when applications for the 2023/24 academic year opened. It was sorry it did not tell Mr X this.
• Mr X made a new application on 11 May 2023. Unfortunately, this was not processed due to an issue with the Council’s on-line portal. The Council apologised and said the issue with its system had been resolved.
• A third application for a place was made on 24 July and processed on 27 July. The Council sent Mr X an offer of a place at School Z on 02 August. The offer letter said the school would contact Mr X, but it would be closed for the summer. The letter contained the school’s contact details from 01 September, when it would reopen.
• The Council upheld Mr X’s complaint.

Assessment

7. We do not investigate all the complaints we receive. We use various tests to decide which cases to investigate. These tests include the likelihood of finding fault and whether any fault caused significant personal injustice. We also need to consider what more we could achieve. There are also some things we cannot investigate.
8. While I understand Mr X’s frustrations, we will not start an investigation into his complaint. This is because:
• The Council has already accepted fault with how it dealt with Mr X’s application for a school place. It says it has resolved the issue with its on-line system which caused part of the problem.
• While there was initial fault by the Council, it did eventually offer a school place well in advance of the school year starting.
• We cannot consider complaints about what happens in schools. Any delay in Y starting at School Z after the Council made the offer is down to the school. This is not something we can consider.
• The Council has apologised to Mr X.
9. Given the above it is unlikely an investigation would achieve anything more. It is unlikely we would recommend any further remedy. An investigation is not therefore appropriate.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we would achieve anything more.

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Investigator's decision on behalf of the Ombudsman