Summary: We will not investigate Mr X’s complaint about the arrangements made for his child to sit the Kent Test for entry to grammar schools. This is because it is reasonable for Mr X to use his right of appeal.

The complaint

1. The complainant, Mr X, complained about the arrangements made for his child to sit the Kent Test. The results of the test are used to decide if children are suitable for a grammar school place. Mr X says the Council failed to agree suitable reasonable adjustments leaving his child at a disadvantage.

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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.

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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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My assessment

7. We will not start an investigation into Mr X’s complaint.
8. If an admission authority refuses an application for a school place, parents have a right of appeal to an independent panel. Mr X has the right to appeal any decision not to offer his child a place at his preferred schools. School admission appeal panels are statutory tribunals. When a person can appeal to a tribunal, we expect them to use that right unless it is unreasonable for them to do so. A panel can consider how Mr X’s application has been dealt with and this includes the testing process. The panel can consider if Mr X’s child 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 X wants but is not something we can achieve. It is therefore reasonable for Mr X to appeal and so we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint. It is reasonable for Mr X to use his right of appeal.

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Investigator's decision on behalf of the Ombudsman