The Ombudsman's final decision
Summary: We will not investigate this complaint about misleading information in both policy and process. The complaint concerns a school admission and Mr X has a right to appeal against the refusal of a place it would be reasonable to use.
The complaint
Mr X said the Council provided misleading information regarding policy and process. He said this had caused his family stress.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I have read Mr X’s complaint correspondence with the Council. The complaint concerns an application for a secondary school place for September for Mr X’s child. A school admission appeal panel can consider Mr X’s case for his child’s admission to his preferred school, including his views about discrimination and faults in admission arrangements.
Final decision
We will not investigate Mr X’s complaint because he has an alternative remedy available via a right to appeal to a school admission appeal panel against the refusal of a school place for his child. It would be reasonable for him to use this right of appeal.
Investigator's decision on behalf of the Ombudsman