Summary: We will not investigate Miss X’s complaint about an unsuccessful appeal for a school place. We would not be able to achieve a worthwhile outcome by investigating this complaint.

The complaint

1. Miss X complained about the way the Council dealt with her application and subsequent appeal for a school place for her child, Y. In particular, Miss X complains that the Council:
• held the appeal hearing late.
• did not share written information with the parties and the appeal panel members ahead of the hearing in line with the statutory Schools Admissions Appeals Code 2022.
• gave conflicting information about documents required.
2. She complained that the Council has not responded to her request for a second appeal in a timely manner.

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The Ombudsman’s role and powers

3. 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 no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

6. Miss X applied for a reception place for her child, Y, at school Z from September 2023. The Council refused Y a place and Miss X lodged an appeal against this decision in June 2023.
7. The appeal hearing was held in September 2023 but did not uphold her appeal. Miss X says the hearing was held seven school days later that it should have been. She also says all the papers for the hearing were not shared with her in advance.
8. In May 2024, Miss X asked the Council for a second hearing due to a significant change of circumstances. The Council replied to Miss X and explained to her that the waiting list for the current academic year would be discontinued at the end of the summer term. It advised Miss X that she could make a fresh application for a place at school Z in Year One starting in September 2024, and if that was refused, she would then have a new right of appeal against this decision.
9. Where we investigate complaints about admission appeals and find there was fault in the appeal process which affected the outcome, we would usually recommend as a remedy that a fresh appeal is arranged and heard by a different panel.
10. We will not investigate this complaint as we could not achieve a worthwhile outcome. As it is now a new academic year, the reception waiting list has been discontinued and so a new appeal of the September 2023 decision would not be able to achieve a place for Y at school Z. The Council has already advised Miss X that the best option is to make a fresh application for Y for a Year one place at school Z. If this is refused, Miss X will then have a new right of appeal against this decision. This is an appropriate way for Miss X to achieve the outcome she is seeking.
11. We could not achieve a different or more worthwhile outcome for Miss X other than the one already available to her and so we will not investigate this complaint.

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Final decision

12. We will not investigate Miss X’s complaint because we could not achieve a different or more worthwhile outcome than that already offered by the Council.

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Investigator's decision on behalf of the Ombudsman