Summary: We will not investigate this complaint about school admissions. We have no powers to consider complaints about academy schools.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council had not done enough to prevent fraudulent applications to a local school. The school in question 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. We cannot investigate complaints about actions which are not the administrative function of the council complained about. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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Final decision

7. We cannot investigate Mr X’s complaint. This is because we have no powers to consider complaints about academy schools. This exclusion applies to any actions the Council has taken on behalf of the school. The Academy Trust, not the Council, is the body which is ultimately responsible for deciding matters about school admissions. The Academy Trust is outside our jurisdiction with no discretion. Mr X needs to contact the Department for Education as the responsible body for academies.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman