Summary: We upheld Miss Y’s complaint about a school place for her child, X. The Council agreed to resolve the complaint early by offering Y a place at the preferred school (T) and updating its admissions policies. We are satisfied with the actions the Council has agreed to take.

The complaint

1. Miss Y complains about the Council’s refusal to give her child a place at her preferred school, T.
2. Miss Y says this is affecting her mental health and wellbeing and her ability to get her child to school. Child X is not currently attending school due to not getting a place at School T.
3. Miss Y wants the Council to give her child a place at the preferred school, T.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

6. I considered information provided by Miss Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss Y applied for a place for her Child X at School T using address A.
9. Before the application deadline, Miss Y informed the Council she was moving to address B and provided it with proof of this. Miss Y changed the school choice to School W.
10. Miss Y did not move to address B. She remained at address A. Before the admissions application deadline, Miss Y changed her application back to address A and her School Choice back to School T, which was the catchment school for address A.
11. The Council refused X a place at School T as it decided the application on address B. The Council says Miss Y did not provide a proof of change of address back to address A.
12. Miss Y appealed the decision. The appeal was not upheld.
13. If we investigated this complaint, we would likely find fault because:

• The Council did not follow its own admissions policy. According to the policy applicants must provide proof of address if they change address after application submission.
• As Miss Y changed her address back to address A on the application form before the submission deadline, she did not have to provide the Council with proof of change of address. The application should have been decided on the address provided in the final application submitted before the submission deadline.
• The Council says if they considered the application on address A, X would have been offered a place at School T.

14. We therefore asked the Council to:

• Consider remedying the injustice caused to Miss Y by offering X a place at School T within one week of the final decision;
• Within one month of the final decision; review and update the School Admissions Policy to clearly explain how address changes and application submissions are treated before the deadline; and
• Within one month of the final decision; review and update the online application process to prompt applicants when address evidence is needed.

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Agreed action

15. The Council agreed to the Ombudsman’s recommendations and findings.
16. The Council has now offered a place to X at School T.

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Final decision

17. We upheld Miss Y’s complaint. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss Y. It is also acting to improve its service for others.

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Investigator's decision on behalf of the Ombudsman