Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault.

The complaint

1. Mrs X complained about an unsuccessful school admission appeal for her daughter.

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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 School.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mrs X applied for her daughter (Y) to start secondary school in September 2023. The Council did not offer Y a place at Calder High School (the School). Mrs X appealed the decision.

The appeals process

6. Independent appeal panels must follow the law when considering an appeal. They need to consider if the school’s admission arrangements comply with the law, and if they were properly applied to the appellant’s application. They need to decide if admitting a further child would “prejudice the provision of efficient education or the efficient use of resources”. These issues are dealt with at stage one of the appeal. If the panel finds admitting another child would cause prejudice, the panel considers the appeal at the second stage. This is when the panel decides if an appellant’s arguments outweigh the prejudice to the school.

Mrs X’s appeal

7. Mrs X attended the first stage of the appeal, but due to other commitments, could not attend stage two. The clerk’s notes show the School’s representative presented their case. They explained how the application had been dealt with and why the School had not offered Y a place. They explained the difficulties offering a place would cause. At stage two the panel considered Mrs X’s appeal based on her written submission.
8. The panel decided the School’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause the School prejudice. The panel decided the evidence put forward in support of Mrs X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

9. I understand Mrs X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions when the proper process was followed and decisions were properly taken.
10. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider the appeal.
11. The panel considered all the information before it and reached a decision it was entitled to. I have not seen enough evidence the panel did not properly consider the appeal to warrant an investigation.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman