Summary: We will not investigate Mrs X’s complaint about the arrangements made for her daughter to sit the Kent Test for entry to grammar schools. This is because it is reasonable for Mrs X to use her right of appeal.

The complaint

1. The complainant, Mrs X, complained about the arrangements made for her daughter to sit the Kent Test. The results of the test are used to decide if children are suitable for a grammar school place. Mrs X says the arrangements made disadvantaged her daughter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. School admission appeal panels are tribunals which hear appeals about decisions on applications for school places.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not start an investigation into Miss X’s complaint.
8. Mrs X has the right to appeal the decision not to offer her child a place at any of her preferred schools to a school admission appeal panel. These panels are statutory tribunals. When a person can appeal to a tribunal, we expect them to use this right unless it is unreasonable for them to do so. The panel can consider how Mrs X’s application has been dealt with and this includes the testing process. The panel can consider if Mrs X’s daughter should be considered suitable for a grammar school place. Appeal panels can offer an appellant’s child a school place. This is the outcome Mrs X wants but is not something we can achieve. It is therefore reasonable for her to appeal and so we will not investigate.

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Final decision

9. We will not investigate Mrs X’s complaint. It is reasonable for Mrs X to use her right of appeal.

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Investigator's decision on behalf of the Ombudsman