Summary: We will not investigate this complaint about how the Council dealt with Mrs X’s application for a school place. This is because it is reasonable for Mrs X to use her right of appeal. We also have no powers to consider complaints about academy schools.

The complaint

1. The complainant, Mrs X, complained the Council wrongly treated her whole application for a school place as late when she amended one preference. Mrs X says this means her child has been denied a place at their preferred school. This school is an academy.

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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 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 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)
5. School admission appeal panels are tribunals which hear appeals about decisions on applications for school places.

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How I considered this complaint

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

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My assessment

7. We will not investigate Mrs X’s complaint.
8. Mrs X has the right to appeal the decision not to offer her child a place at any of her preferred schools to a school admission appeal panel. These panels are statutory tribunals. When a person can appeal to a tribunal, we expect them to use this right unless it is unreasonable for them to do so. The panel can consider how Mrs X’s application has been dealt with. The appeal panel could offer Mrs X’s child a place. This is the outcome Mrs X wants but is not something we can achieve. It is therefore reasonable for Mrs X to appeal and so we will not investigate this part of her complaint.
9. Also, Mrs X’s preferred school is an academy. The Council’s involvement was effectively as a contractor for the academy. The school is its own admission authority and therefore takes final responsibility for decisions about school admissions. The law prevents us from considering complaints about academies. We cannot therefore consider any part of Mrs X’s complaint which specifically relates to an academy.

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Final decision

10. We will not investigate Mrs X’s complaint because it is reasonable for her to appeal, and we cannot consider complaints about academies.

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Investigator's decision on behalf of the Ombudsman