Summary: We will not investigate Ms M’s complaint about the Council’s handling of her application for a secondary school place for her daughter, G, because there is not enough evidence of fault to justify investigating. Ms M has a right of appeal against the decision to refuse G a place at any of the schools she chose. This is the only way she might secure a place at her preferred school.

The complaint

1. Ms M complains about the Council’s handling of her application for a secondary school place for her daughter, G. She complains the Council offered a place at an unsuitable school despite the fact she had told the Council why the school was unsuitable. Ms M is unhappy with the Council’s response to her complaint.

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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,
• we could not add to any previous investigation by the Council,
• further investigation would not lead to a different outcome,
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for an appeal.

(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. When Ms M applied for a secondary school place for her daughter, G, she told the Council why one particular school was not suitable. I have not included the reasons here to ensure Ms M’s anonymity.
6. The Council processed Ms M’s application along with all the other applications it received for secondary school places. The Council was unable to offer Ms M a place for G at any of her preferred schools. The Council offered a place at the school Ms M said was unsuitable.
7. Unhappy with the outcome, Ms M complained to the Council. The Council explained that it could only offer places according to the published admissions criteria. It recognised the place it had offered was unsuitable and offered a place at another school where there were places available.
8. While it is regrettable the Council offered G a place at an unsuitable school, there is not enough evidence of fault to justify an investigation by us. The Council allocated places according to the published admission criteria. Legislation, regulations and government guidance make no provision for the Council to allocate places outside the admission criteria, even in cases like G’s. There is nothing we could add to the Council’s response.
9. Ms M is unhappy with the school the Council offered because it is some distance from her home. The Council offered support if Ms M wanted to apply to a neighbouring authority for a place at a closer school. Again, there is not enough evidence of fault to justify an investigation by us.
10. Ms M has a right of appeal against the decision to refuse G admission to any of the schools to which she applied. If Ms M wants G to attend one of those schools she should use her right of appeal. This is the only way she might secure a place. We cannot admit G to any school.

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Final decision

11. We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify investigating and nothing we could add to the Council’s response. Ms M has a right of appeal against the decision to refuse G a place at any of the schools she chose. This is the only way she might secure a place at her preferred school.

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Investigator's decision on behalf of the Ombudsman