Summary: Mr X complained the Council did not follow the correct process when it offered his child, Child Z a school place. He also complained the admission appeal panel failed to consider points raised at the appeal. We have ended our investigation because there was nothing more we could have achieved by pursuing this further. The Council has now offered Child Z a place at the preferred school and it has already put in place a service improvement.

The complaint

1. Mr X complained the Council did not follow the correct process when it offered his child, Child Z a school place. He also complained the admission appeal panel failed to consider points he raised at the appeal about the waiting list and distances. Mr X said it caused him avoidable costs, time and trouble and he would like the Council to improve its processes for future applications.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered the information Mr X provided and spoke to him about his complaint. I also considered information the Council provided.
5. Mr X and the Council had an opportunity to comment on the draft decision. I considered their comments before making a final decision.

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What I found

6. Mr X and Ms Y are Child Z’s parents. Mr X and Ms Y live separately. Mr X lives within the boundary of Lancashire County Council, Council 1 and Ms Y lives within the boundary of Council 2.
7. Mr X and Ms Y applied to Council 2 for a primary school place for Child Z in the national January 2023 school admission round. Mr X and Ms Y school preference was School 1 in Council 1’s area near Mr X’s house. In April 2023 Child Z was allocated School 2 in Council 2’s area.
8. Council 2’s school placement offer email, told Mr X and Ms Y if the preferred school was not offered, it would automatically place the child on a waiting list for a place at their preferred school. Council 1’s process was different. Council 1’s website explained if parents were unhappy with the school application outcome they could apply for their child’s name to be added to a waiting list and request an appeal. The deadline for adding a name to the waiting list was late April 2023.
9. School 1’s published admission number (PAN) was 25 but this was increased to 30 by School 1 after the school places were offered. So, in mid-May 2023 the Council offered places at School 1 for those on the waiting list. Child Z was not on the waiting list as Mr X and Ms Y were not aware they had to apply to put Child Z on the waiting list. They submitted an appeal for a place at School 1 for Child Z on the day of the appeal deadline.
10. The appeal hearing took place in late June 2023. Mr X was unhappy he could not discuss the waiting list and said untrue information was given at the appeal about children given places at School 1 and the distances they lived from School 1. Child Z’s appeal was unsuccessful. Mr X raised his concerns with the Council about the process.
11. Child Z started to attend School 2. In early September 2023 Council 1 offered Child Z a place at School 1 in recognition that they were disadvantaged by the process. Child Z now attends School 1.
12. Council 1 contacted Council 2 about updating information on its offer letters if preferred schools were not offered. Council 2 agreed to update its wording to make it clear different authorities have different processes if preferred schools were not offered and to check each authority’s procedure.
13. In early November 2023 Mr X remained unhappy and complained to us.

Analysis

14. The circumstances of this case were unusual in that the School increased its PAN after the national offer day. If I investigated further and found fault it is likely I would recommend a new appeal and service improvements. Council 1 has already offered Child Z a place at School 1 which they are now attending. It has also taken action to prevent a recurrence of the fault. There is nothing more I can achieve by further investigation.

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Final decision

15. I have ended my investigation as there is nothing more I could have achieved by investigating further.

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Investigator's decision on behalf of the Ombudsman