Summary: We will not investigate this complaint about the Council’s processing of Mrs X’s in-year applications and appeals for school places. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has recently moved into the Council’s area. Mrs X complained about the time taken to process her applications for school places. Mrs X is also unhappy with the time it took the Council to arrange appeals after her applications were refused. Mrs X says the Council should process in-year appeals before those for children transferring or starting school in September.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. While I understand Mrs X’s frustrations, we will not start an investigation into her complaint.
6. The Council required Mrs X to be resident in her new property and to provide proof of the move before it could consider her applications from the new address. It is for the Council, not the Ombudsman, to decide how its in-year admissions process will work and what evidence it requires. The initial processing of Mrs X’s applications for school places was in line with the Council’s policy. There is not enough evidence of fault in how the Council dealt with the applications to warrant an investigation.
7. Mrs X submitted appeals after the Council refused her applications. The School Admission Appeals Code sets out how councils must process appeals for school places. Appeals for children transferring to a new school, or starting school for the first time in September, must be heard in line with the Council’s published timetable. The effect is that such appeals will be heard before the summer break. For in-year appeals, like Mrs X’s, they must be heard within 30 school days of being lodged. Mrs X is unhappy the Council did not schedule her hearings earlier. But that is a decision for the Council to take, while still needing to follow its published timetable and the requirements of the Appeals Code. Again, there is not enough evidence of fault by the Council to warrant us investigating.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman