Reading School (08 011 742)
School admissions Maladministration causing injustice
28 January 2010
Reading School should offer a place to a boy with a hearing problem after his appeal was mishandled. The Ombudsman said: “The panel failed to properly consider [the complainant]’s arguments that [his son] had been discriminated against and this … means that the Panel’s decision was reached with maladministration”. He recommended that the School offer the boy a place.
‘Mr Wright’s son ‘Matthew’ (not their real names for legal reasons) sat the entrance tests for Reading School, a selective grammar school. At the time he had an undiagnosed hearing problem and he misheard instructions for the English written test. This led to some of his work being crossed out by the invigilator, and Matthew narrowly failed to achieve a high enough mark in this test, although he did well in all the other tests so his parents appealed against the School’s decision to refuse him a place.
By the time of the appeal, Matthew’s hearing problem was diagnosed and medical evidence was produced, but the appeal was still unsuccessful. Mr Wright took legal action but this was discontinued when the School offered a second appeal. This, too, was unsuccessful, and Mr Wright complained to the Ombudsman. He said that the appeal panel set up by the School Governors failed to properly consider the effect of the Disability Discrimination Act 1995 (as amended) when considering Matthew’s application.
The Ombudsman considered that the Panel should have concluded that Matthew had a disability and that he had been disadvantaged in his test because of this. Had this happened, then the Ombudsman also considered it likely that, at the final stage of the process, the Panel would have concluded that Matthew’s case outweighed any prejudice that would arise to the School by admitting an extra child.
Remedy
In accordance with the Ombudsman's recommendations, the School’s Governing Body:
- offered a place at the School to Matthew;
- apologised to Mr Wright and Matthew;
- paid compensation of £250 to Mr Wright in recognition of his time and trouble pursuing the complaint; and
- ensured that future admission appeal hearings take account of the Ombudsman’s comments, particularly where there was a claim that a child suffers from a disability as defined by the Disability Discrimination Act 1995.
LGO satisfied with School's response: 23 March 2010
Date Updated: 23/03/10