The Ombudsman's final decision
Summary: We will not investigate this complaint about school admissions. The Council was acting on behalf of academy schools. We have no powers to consider complaints about academies.
The complaint
The complainant, Mrs X, complained about how the Council dealt with her application for a school place and the advice given. Mrs X wants a place at one of her preferred schools.
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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Academies and Free Schools. (Local Government Act 1974, sections 25 and 34(1), as amended) We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) Independent appeal panels are statutory tribunals parents can use to appeal a decision not to offer their child a place at a school.
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. The schools Mrs X applied to are all academies. In each school, the Academy Trust is the admission authority and has ultimate responsibility for school admissions. We have no powers to consider complaints against academies. In dealing with Mrs X’s application, the Council was effectively acting as a contractor for the Academy Trusts. Its role in the admissions process in Mrs X’s case is not something we can consider.
Mrs X has the right to challenge the decision not to offer her child a place via an independent appeal panel. Part of the panel’s role is to consider how her application was dealt with. This is the process Mrs X should follow to challenge the decision not to offer her child a place.
Final decision
We will not investigate Mrs X’s complaint because we cannot investigate complaints about academies.
Investigator's decision on behalf of the Ombudsman