Summary: We cannot investigate this complaint about the Council’s actions relating to a school’s admission decision. The actions of the school are not an administrative function of the Council. Otherwise, there is not enough evidence of fault, and we cannot achieve what X is looking for.

The complaint

1. X complained the Council had failed to properly consider its duties, relating to a school’s admission decision, affecting their child (Y). X said the Council should have done more to safeguard Y and now wants it to expedite an Education, Health, and Care (EHC) needs assessment for Y, and for it to name their preferred school place.
2. X said Y does not now have a viable school place and this has caused distress.

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The Ombudsman’s role and powers

3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. X complained the Council did not do enough to safeguard Y, because their preferred school (School A), declined to admit Y. The Council replied to a complaint X made, saying it could not assist them, because School A, was part of a Multi-Academy Trust, who was its own admissions authority.
7. We cannot investigate a complaint about the Council’s actions as it relates to a decision made by School A. This is because School A’s decision is not an administrative function of the Council and the law I have referred to at paragraph three will not allow us to consider it.
8. X asked the Council to expedite an EHC needs assessment for Y. They also asked us as part of their complaint outcome, to direct the Council to expedite Y’s EHC needs assessment, and to name School A in any final EHC Plan.
9. The Council replied to X’s complaint and said the EHC needs assessment process was ongoing and it would not deviate from the statutory procedures in place for making decisions related to an EHC needs assessment.
10. We will not investigate a complaint about the Council’s decision on Y’s EHC needs assessment. It is unlikely we would find fault with the Council’s decisions here. Additionally, we cannot achieve the outcome X is looking for. We could not direct the Council to name a particular school.

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Final decision

11. We cannot investigate X’s complaint because the decisions School A has taken is not an administrative function of the Council. And it is unlikely we would find fault in the Council’s decision not to expedite a needs assessment. Nor can we achieve what X is looking for.

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Investigator's decision on behalf of the Ombudsman