Summary: We will not investigate Mr X’s complaint about the Council’s handling of an application for a school place. This is because it is reasonable for Mr X to use his right of appeal. Mr X’s claim for compensation is a matter for the courts.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about how the Council dealt with an application for a school place for his son (Y). Mr X is unhappy the Council did not offer Y a place at his preferred school. The application for this school was late. Mr X says the Council has offered an inappropriate place and failed to properly consider that Y’s sibling attends his preferred school. Mr X wants a place at his preferred school and £15,000 in compensation.

Back to top

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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We will not start an investigation into Mr X’s complaint.
8. The Council has said it will consider Mr X’s late application for a place at his preferred school in May. If the Council does not offer Y a place, Mr X will have the chance to appeal the Council’s decision 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. Appeal panels can offer an appellant’s child a school place. This is the outcome Mr wants but is not something we can achieve. It is therefore reasonable for Mr X to appeal and so we will not investigate. If Mr X’s appeal was unsuccessful, he could bring a fresh complaint to the Ombudsman. We could then consider how the appeal was conducted.
9. Mr X’s claim for compensation of £15,000 is a matter best considered by the courts. It is not our role to assess economic losses or award compensation. It is therefore reasonable for Mr X to take the matter to court.

Back to top

Final decision

10. We will not investigate Mr X’s complaint. It is reasonable for him to use his right of appeal and Mr X’s claim for compensation is best considered by the courts.

Back to top

Investigator's decision on behalf of the Ombudsman