Primary schools reminded of parents’ right to complain to LGO

Primary schools across England are being reminded about parents’ right to complain to the Local Government Ombudsman (LGO) about their admissions appeal procedures.

A father complained that Halsall St Cuthbert’s C of E Primary School, near Ormskirk in Lancashire refused to give his son a place. An admissions panel dismissed the man’s appeal but failed to reach any conclusion on the lawfulness of the school’s policy on parental involvement in church.

Following a decision by the Schools Adjudicator that the admissions criteria, which relied on parental involvement in church activities, did not comply with the Schools Admissions Code, the LGO has found that the school did not conduct a proper appeals process.

The Ombudsman has now asked the school to arrange another admission appeal for the family.

Dr Jane Martin, Local Government Ombudsman, said:

“Given the schools adjudicators’ decision, it seems likely that the panel would have found the admissions arrangements did not comply with the School Admission Code if it had properly considered the issue. Therefore the panel should have moved on to consider what effect this had on the child’s application.

“The appeal panel has not followed the correct procedure in reaching its decision.

“In investigating this complaint, the school has questioned whether the man has a right to complain to me. I am issuing this report because the school has refused to offer a new appeal and to remind schools of parents’ rights.”

Parents who believe that they have not received a fair and impartial hearing of their appeal for a school place have the right to complain to the LGO, as set out in the School Admissions Appeal Code and the Local Government Act 1974. This does not include complaints about admission appeals to academies or free schools as they are not in the LGO’s jurisdiction.

Article date: 22 May 2014

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