Summary: We will not investigate this complaint about the arrangements made for Mr and Mrs X’s daughter to sit the secondary selection test. It is reasonable for Mr and Mrs X to use their right of appeal.

The complaint

1. The complainants, whom I shall refer to as Mr and Mrs X, complained about the arrangements made for their daughter to sit the secondary selection test. The results of the test are used to decide if children are suitable for a grammar school place. Mr and Mrs X say an administrative error affected their daughter’s performance in the test and meant she did not achieve the require score. Mr and Mrs X have unsuccessfully challenged her daughter’s mark via the Council’s selection review process.

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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. School admission appeal panels are tribunals which hear appeals about decisions on applications for school places.
5. 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)

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How I considered this complaint

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

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My assessment

8. We will not start an investigation into this complaint.
9. Mr and Mrs X will have the right to appeal the decision not to offer their child a place at any of their preferred schools to a school admission appeal panel. These panels are statutory tribunals. When a person can appeal to a tribunal, we expect them to use this right unless it is unreasonable for them to do so. The panel can consider how their application has been dealt with. This includes the testing process. The panel can consider if Mr and Mrs X’s daughter should be considered suitable for a grammar school place. Appeal panels can offer an appellant’s child a school place. This is the outcome Mr and Mrs X want but is not something we can achieve. It is therefore reasonable for them to appeal and so we will not investigate.
10. As well as the above exception, Mr and Mrs X’s preferred school is an academy. We have no powers to consider complaints about admissions to such schools. If Mr and Mrs X’s appeal for a place at an academy is unsuccessful, it would be a matter for the Department for Education.

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Final decision

11. We will not investigate Mr and Mrs X’s complaint because it is reasonable for them to use their right of appeal.

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Investigator's decision on behalf of the Ombudsman