Summary: We will not investigate this complaint about how the Council handled Mr X’s application for a school place. This is because the Council was acting on behalf of an academy school. We have no powers to consider complaints about academies.

The complaint

1. The complainant, Mr X, complained about how the Council handled his application for a school place. Mr X says the Council failed to identify his preferred school was the closest to his home. This meant his son was not initially offered a place. Mr X is also unhappy with how the Council has investigated his complaint.

Back to top

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 councils and certain other bodies. We cannot investigate the actions of bodies such as Academies and Free Schools. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We cannot investigate Mr X’s complaint. This is because the school at the heart of his complaint is an academy. The Council’s role in the process was to carry out a function on behalf of the Academy Trust. The Council was effectively acting as a contractor for the Academy Trust; this is the body which has ultimate responsibility for school admissions. We have no powers to consider complaints about academies.
8. Mr X is unhappy with how the Council has dealt with his complaint. But we will not look at complaint handling as a standalone issue if we are not going to investigate the issue which led to the original complaint. This applies here.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we cannot investigate complaints about academies.

Back to top

Investigator's decision on behalf of the Ombudsman