Rotherham Metropolitan Borough Council (24 012 586)
Category : Education > School admissions
Decision : Closed after initial enquiries
Decision date : 12 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council operates its clerking function for school admission appeals. This is because there is not enough evidence of fault by the Council for us to be able to question its decision.
The complaint
- The complainant, whom I shall refer to as Mr X, is an independent appeal panel member for school admission appeals. Mr X complained the Council had moved its clerking function for appeals from the Democratic Services Team to the Education and Young Person’s Service. Mr X questioned if the Council’s decision complies with the School Admission Appeals Code (the Code). This states admission authorities must appoint a clerk to appeal panels who is independent of the school and education functions of the local authority.
The Ombudsman’s role and powers
- 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, or
- any fault has not caused injustice to the person who complained, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
- In response to Mr X’s complaint the Council said the clerk’s job description makes it clear they will provide impartial advice and comply with all relevant legislation and statutory guidance about school admissions. The Council said the clerk must work with autonomy and where the role sits within the organisation is not relevant. The Council explained the clerk does not undertake any other duties that fall within the Council’s education function or associated with schools.
- We will not start an investigation into Mr X’s complaint.
- The role of the Ombudsman is not to act as a right of appeal for people who disagree with a council’s decision. We can only criticise a council’s decision if there was fault in the way it was reached or if it is in breach of legislation or local policies.
- Mr X is correct the Code does say the clerking function should be independent of the Council’s education function. The term independent can be viewed in several ways. The first is that the clerk’s role sits in a separate department to Education. The alternative, and what seems the most appropriate here, is that the clerk’s role is not inappropriately influenced by the Council’s education function. A clerk based in a different part of the Council would not automatically mean they are independent, and therefore compliant with the Code. However, a clerk based in the Education department, but who is independent and impartial, would arguably comply with the Code.
- The Council’s view is the clerk’s independence is the key thing and that where they are based does not matter. The Council has explained the rationale behind its decision and how it will ensure the clerk is independent. Based on the information available there is not enough evidence for us to say the Council’s decision is flawed and so we will not investigate.
- While I understand Mr X’s concerns, I am also not persuaded the matter he complains about has caused him a significant personal injustice – or is likely to do so in the future. The decisions in school admission appeals are taken by panels – not the clerk. These decisions affect appellants and the schools involved. It is these parties where any possible injustice primarily falls if there is an issue with the appeal – including the clerking. These parties would have the right to raise any concerns after an appeal via the normal routes. But we cannot investigate complaints based on what might happen.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman