The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with an application for a school place. This is because the complainant has appealed to a tribunal and so the case is outside our jurisdiction.
The complaint
The complainant, Mrs X, complained the Council failed to offer her child a school place within two miles when she made an in-year application for a school place. Mrs X says this means she incurred travel costs and time and trouble. Mrs X wants compensation for this.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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
We will not start an investigation into Mrs X’s complaint.
If an application for a school place is refused, then parents have the right to appeal the decision to an Independent Appeal Panel (IAP). Mrs X has used that right. IAPs are statutory tribunals and when a parent has used their appeal rights the law prevents us from looking at their complaint or any closely related matters. The costs Mrs X incurred flow directly from the outcome of her application which is the matter she appealed. We cannot therefore investigate Mrs X’s complaint.
But even were it not for the above exclusion we would not investigate. When a parent applies for a place at a particular school, there is no guarantee the application will be successful. Unless the child has an Education Health and Care Plan naming a school, there is no legal duty to offer a place at a specific school. There is no duty to offer a place at a school within two miles. There is not enough evidence of fault by the Council.
We also cannot achieve what Mrs X wants. We do not award compensation. That is instead a matter for the courts and would depend on a successful claim the Council has been negligent. That is not something we could decide. If Mrs X wants to make a claim for compensation it is reasonable for her to pursue the matter in court. It is not a matter for the Ombudsman.
Final decision
We will not investigate Mrs X’s complaint because the complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman