Summary: We will not investigate this complaint about Mr Y being refused a second school admission appeal because we are unlikely to find fault in the Council’s actions.

The complaint

1. Mr Y complains about being refused a second school admission appeal for his daughter (Z). Mr Y says there has been a material change in circumstances, and the Council has provided contradictory information about the published admission numbers for the school. Mr Y says that Z should immediately be admitted to the school.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).

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How I considered this complaint

4. I considered information provided by Mr Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y applied for a school place for his child (Z) at his preferred school. Because there were more applications than places available, the Council used its oversubscription criteria to decide which children it would offer a place. The Council did not offer Z a place at his preferred school and Mr Y appealed the decision. The panel refused the appeal.
7. Mr Y asked for a second appeal. The Council explained that the case did not meet the criteria for this because there were no special circumstances to warrant this.
8. My Y says that a vacancy arising at the school is grounds for a second appeal because it is a significant and material change in the circumstances of the school. The Council explained a change in the number of children on a school roll does not meet the definition of this.
9. The Council is responsible for maintaining a waiting list for oversubscribed schools and has the right to allocate places based on its eligibility criteria. Positions within waiting lists can change, depending on the individual circumstances of each child.
10. Mr Y is unhappy that he was refused a second appeal and that Z was not offered a place at the school. But I am satisfied the Council properly considered his request for a second appeal and explained why this would not be offered. There is no evidence of fault in the Council’s actions to warrant us investigating. We will therefore not investigate this complaint.

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Final decision

11. We will not investigate Mr Y’s complaint because we are unlikely to find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman