Summary: We will not investigate Ms X’s complaint about how the Council has dealt with her application for a school place. This is because it is reasonable for Ms X to use her right of appeal to an independent panel.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about how the Council has dealt with her application for a school place for her daughter (Y). Ms X is unhappy the Council has not offered a place in the school close to where she lives. Ms X is unhappy with the school the Council has offered Y a place at. Ms X says the Council wrongly advised her about the waiting list process and eligibility for school transport.

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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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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)
5. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
6. 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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The issue at the heart of this case is the Council’s handling of Ms X’s application for a school place and the decision not to offer a place at her preferred school.
10. Parents whose application for a school place is refused have a right of appeal to an independent appeal panel. These are statutory tribunals. Independent appeal panels need to consider how the application for a school place was dealt with. They need to consider if there were any errors in the handling of the application. Even if a panel decides this does not apply, they have the power to offer a child place. This is the outcome Ms X wants and is not something we can achieve. It is therefore reasonable for Ms X to appeal. For this reason, we will not investigate Ms X’s complaint.
11. Ms X is unhappy with how the Council dealt with her application and the advice given about waiting lists. But these are issues which flow from the refusal which is the matter she can appeal. We will not therefore consider them. The school Ms X would like Y to attend is also an academy. This means it has ultimate responsibility for school admissions. The Council was simply acting on its behalf as a contractor. We have no powers to consider complaints about academies or actions carried out by a Council on the academy’s behalf.
12. Ms X says the school the Council has offered a place at is too far away and she was wrongly told of the support available with transport. This is something Ms X can raise as part of her appeal. Ms X can also submit a formal request for transport to the Council, and if this is refused, she could appeal through the Council’s own process. If Ms X was unhappy with how the Council dealt with her appeal, we could consider it as a fresh complaint and decide if we should investigate.

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Final decision

13. We will not investigate Ms X’s complaint because it is reasonable for her to use her right of appeal.

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Investigator's decision on behalf of the Ombudsman