Summary: We cannot investigate this complaint about a school admissions appeal. This is because the appeal was for an academy school, and we have no powers to consider such complaints.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about an appeal to an academy school. Miss X says the Council, which helped arrange the appeal, failed to provide an impartial Chair of the Independent Appeal Panel.

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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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Miss 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 such a 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, as is the panel which considered the appeal. We have no discretion on this matter. Miss X needs to contact the Department for Education as the responsible body for academies.

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Investigator's decision on behalf of the Ombudsman