Summary: We will not investigate this complaint about the Council’s decision to refuse Mrs X’s school admissions appeal because there is not enough evidence of fault.

The complaint

1. Mrs X complains the Council did not properly decide her school admissions appeal, with questions unanswered and alleged prejudice to the school not properly scrutinised.

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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, or
• any fault has not caused injustice to the person who complained. (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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s decision letter reports its view that the school lawfully and correctly applied the admission arrangements. I note this is not in dispute.
7. The letter refers to the school’s case against admitting another child and details the Council’s particular concerns which led it to consider the admission of further children would prejudice the provision of efficient education. This is evidence the Council reached a decision on the information provided and gave clear reasons for its decision. While there may not have been the level of detail Mrs X wanted there is not enough evidence of fault in the Council’s decision making to justify an investigation.
8. The Council then considered whether the child’s personal circumstances outweighed the prejudice to the school and found they did not. The Council was entitled to reach this view. And I note further reasons in support of this decision making were recorded in the clerk’s notes of the meeting. There is not enough evidence of fault in the Council’s decision making to justify an investigation.
9. The clerk’s notes of the hearing also record questions asked and answered. There is not enough evidence that any questions went unanswered or if so, that this impacted the Council’s decision making.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman