Royal Borough of Windsor and Maidenhead Council (24 005 103)
Category : Education > School admissions
Decision : Closed after initial enquiries
Decision date : 14 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the withdrawal of a school place. This is because the Council was acting on behalf of an academy school. We have no powers to investigate when this is the case.
The complaint
- The complainant, whom I shall refer to as Miss X, complained about the withdrawal of her daughter’s secondary school place for the 2023/24 academic year. The place was withdrawn as Miss X did not meet the school’s address requirements. Miss X says the decision affected her health. Miss X wants the place reinstated and compensation.
The Ombudsman’s role and powers
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academies (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Miss X’s complaint. This is because the school at the heart of her complaint is an academy. The Council was effectively acting as a contractor for the school. It is the Academy Trust, as the school’s admission authority, which is ultimately responsible for deciding matters about school admissions. We have no powers to consider complaints about academies. This includes any actions by the Council linked to school admissions at the academy.
- Miss X can ask the school to consider a fresh application for the 2024/25 academic year. If her application was refused, Miss X has the right to appeal the decision to a school admission appeal panel. Any concerns about the appeal would be a matter for the Department for Education.
Final decision
- We will not investigate Miss X’s complaint because we cannot consider complaints about academies.
Investigator's decision on behalf of the Ombudsman