Summary: We will not investigate Miss X’s complaint about the handling of her application for a school sixth-form place. This is because the school involved is no longer within our jurisdiction so an investigation could not achieve a worthwhile outcome.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about the handling of an application for a school sixth form place for her son (Y) at his preferred school (‘the School’ / ‘School Z’). Miss X says the School changed its reason for refusing Y a place and did not offer an appeal to an independent panel as required by the School Admission Appeals Code.

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The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s son (Y) wanted to continue into the sixth form of School Z, which he previously attended. The School refused Y’s application and said he had not met a particular entry requirement. Miss X says the School changed its reason for refusal once it received evidence to the contrary. Miss X says School Z did not offer a formal right of appeal as required by the School Admission Appeals Code. This says parents and children have the right to appeal against an admission authority’s decision to refuse admission to a school sixth-form. Appeals are heard by independent panels. Miss X says School Z suggested Y should look for an alternative school place.
6. At the time of the application and refusal, School Z was a community-controlled school. The Council was therefore the admission authority and ultimately responsible for school admissions. But since Miss X made her complaint to the Ombudsman, School Z has converted to an academy. This means it is no longer a body in our jurisdiction and we can no longer make any recommendations about the process. This means there would be no worthwhile outcome from us investigating.
7. Miss X has the option to go back to the School and to raise her concerns about it not offering a formal appeal. Miss X could contact the Department for Education for advice if she was unhappy with the School’s response.

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Final decision

We will not investigate Miss X’s complaint. This is because there would be no worthwhile outcome from us investigating.

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Investigator's decision on behalf of the Ombudsman