The Ombudsman's final decision
Summary: We will not investigate this complaint about school admissions. This is because we have no powers to investigate complaints about academy schools.
The complaint
The complainant, whom I shall refer to as Mr X, appealed unsuccessfully for a place at an academy school for his son. Mr X is unhappy with the Council’s actions relating to the appeal and the 11 plus test review process.
The Ombudsman’s role and powers
We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academies (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint. This is because the school at the heart of his complaint is an academy. We have no powers to consider complaints about academy schools. This exclusion applies to the appeal hearing Mr X attended and any actions the Council has taken on behalf of the school.
The Academy Trust, not the Council, is the body which is ultimately responsible for deciding matters about school admissions. The Academy Trust is outside our jurisdiction with no discretion and so we will not investigate. Mr X needs to contact the Department for Education as the responsible body for academies.
Final decision
We will not investigate Mr X’s complaint because we cannot consider complaints about academies.
Investigator's decision on behalf of the Ombudsman