Hayes School, Bromley (08 007 231)

School admissions                      Maladministration causing injustice

26 February 2009

There were significant faults in the way Hayes School, Bromley, handled admission appeals. The Ombudsman says “These are so serious that I consider that they call into question the decision reached on [the complainants’] appeal.” He is pleased that the School’s Governing Body has accepted his findings and agreed to offer the complainants a fresh appeal and amend its procedures for future appeals.

‘Mr and Mrs Downie’ (not their real name for legal reasons) complained about the way their appeal against refusal of a place for their son at Hayes School was considered. Hayes School is a foundation high school responsible for its own admission arrangements and appeals.

The investigation revealed a number of significant faults in the appeals’ conduct. These were:

• there was no evidence that the Appeal Panel had made a decision on whether the admission authority had made its case for prejudice;
• the Clerk to the Governing Body acted as Clerk to the Appeal Panel;
• inadequate information was provided to the Appeal Panel on how the oversubscription criteria were applied;
• the appellants were not notified of the order of proceedings to be followed at the appeal; and
• the appeal was not held at a neutral venue.

The Ombudsman finds maladministration causing injustice and the Governing Body has agreed to:

• offer Mr and Mrs Downie a fresh appeal to be heard by a new panel and clerk, and abide by the outcome;
• review its procedures to ensure that the information provided to appellants, admission authority’s written submissions to the panel and the appointment of clerks are in accordance with the national code on school admission appeals; and
• consider holding future appeals at a neutral venue, such as at other local schools.

Date Published: 03/03/09