Summary: We will not investigate this complaint about an unsuccessful school admission appeal. This is because the Council has offered a fresh appeal. This is a suitable remedy for the fault identified.

The complaint

1. The complainant, Mr X, complained about an unsuccessful school admission appeal. Mr X said the Council presented information about an alternative school which had spaces. Mr X said the alternative school is full. Mr X said the incorrect information presented by the Council affected the panel’s decision.

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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 cannot question whether an independent school admissions appeals panel’s decision is right or wrong simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. If we find fault, which calls into question the panel’s decision, we may ask for a new appeal hearing. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mr X’s complaint. This is because the Council accepted the information it presented at appeal was incorrect. The alternative school had not given the Council up to date information. The Council has offered to arrange a fresh appeal, and this is a suitable remedy.

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Investigator's decision on behalf of the Ombudsman