Summary: We will not investigate this complaint about Miss X’s unsuccessful application for a school place. This is because it is reasonable for her to use her right to appeal to a tribunal.

The complaint

1. Miss X complains the Council has not provided her child, Y, with a suitable school placement.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says Y’s school is not suitable. She applied for new school places. Her chosen schools were full and so the Council placed Y on their waiting lists. The Council told Miss X about her right to appeal its decision. It is reasonable for Miss X to use her right to appeal to the Independent Admission Appeal Panel, and so I will not investigate further.

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Final decision

6. We will not investigate Miss X’s complaint because it is reasonable for her to use her right to appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman