Summary: Miss X complained about how an appeal panel considered her appeal for a place at a school for Y. We have decided to discontinue our investigation as the Council has offered to reconsider Miss X’s appeal and further investigation is unlikely to lead to a different outcome.

The complaint

1. Miss X complains about how the Council considered a school admissions appeal for her son, Y. Miss X says the Council failed to properly consider her submissions and recorded incorrect information. Miss X says this has caused her and Y real upset and uncertainty.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We can decide whether to start or discontinue an investigation into a complaint or any part of a complaint that is within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered all the information Miss X provided about her complaint. I also considered information received from the Council.
5. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. Miss X applied for a place at “the School” for Y, but he was not offered a place.
7. Miss X appealed the School’s decision not to offer Y a place. The appeal panel heard Miss X’s appeal but upheld the decision not to offer Y a place at the School.
8. Following the appeal, Miss X brought a complaint to the Ombudsman for consideration. However, since then the Council has said it is willing to offer a fresh appeal, which will consist of a new appeal panel and a new appeal clerk.
9. It is not the Ombudsman’s role to decide the outcome of an appeal. If we find fault in how an appeal was considered, it is likely we will ask for the appeal to be reconsidered. As this is has now been offered by the Council I find further investigation is unlikely to result in a different outcome to this complaint.

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Final decision

10. I have decided we should not investigate this complaint. This is because further investigation is unlikely to result in a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman