Summary: We will not investigate this complaint about advice from the Council regarding a school place. This is because we could not add anything to the Council’s response or achieve anything more.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained the Council gave her incorrect advice when she contacted it about a school place for her son.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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
• we cannot achieve the outcome someone wants, 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))

4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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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My assessment

7. Mrs X’s son (Y) started secondary school in September 2023. Y attended School Z. This was not one of Mrs X’s preferred schools when she applied for a place.
8. Mrs X withdrew Y from School Z after five weeks because of concerns about his safety and wellbeing. Mrs X contacted the Council at the end of November about a school place. Mrs X says a council officer told her the Council could help get Y into school and to put her concerns in writing. But when Mrs X called the Council the following week, she was told the Council could not help and she needed to apply to alternative schools.
9. Mrs X complained to the Council and in response it said:
• The Council is not the admission authority for any secondary schools in its area.
• It was sorry for any contradictory advice Mrs X received, but this did not change the Council’s position.
• The telephone call during which Mrs X allegedly received incorrect advice had not been recorded.
• When Mrs X originally applied for a secondary school place it was not possible to offer a place at any of her three preferences. A place had therefore been offered at School Z.
• Parents whose application for a place at a school is refused have the right to appeal the decision. Mrs X had already exercised this right for certain schools and could appeal for any other schools where her application was refused.
• A place remained available at School Z. Because of this the Council would not be pursuing a place at any other school.
10. I understand Mrs X’s frustrations, but we will not start an investigation into her complaint. This is because we could not add anything to the response the Council has provided. The Council has fulfilled its statutory duty by making a school place available and that place remains open to Y. The Council has explained Mrs X can appeal the decision to refuse Y a place at a particular school via an Independent Appeal Panel. These panels are statutory tribunals. We expect a parent to use their appeal rights as an appeal panel can award a place at a preferred school. The Ombudsman cannot. We will not therefore investigate.

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Final decision

11. We will not investigate Mrs X’s complaint because we could not add anything to the Council’s response or achieve anything more.

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Investigator's decision on behalf of the Ombudsman