Council criticised for use of photographs in school admission appeal

Archived press release

Date Published: 15/05/09

Use of photographs by Nottingham City Council to support school's case at an admission appeal was inherently unfair, says Ombudsman.

An officer representing Nottingham City Council wrongly brought photographs to an admission appeal to support the school’s case, finds Local Government Ombudsman, Anne Seex. In her report, issued today (15 May 2009) she says: “Using photographs in this way is inherently unfair and against the ethos of the School Admission Appeals Code.”

Appeals about school admissions must comply with the statutory School Admissions Appeal Code. The Code sets out the evidence that an admission authority must provide to be sent to parents seven days before a hearing. It says that all written material and evidence must be seen by all parties and they must have a chance to comment on any new issues. Appeal Panels must not ‘tour’ a school to decide if it is full.

In this case the admissions authority brought photographs to the appeal hearing and displayed them to support its case that the school was full.

The Ombudsman found that this was a breach of the Code and of the rules of natural justice. Although she was confident that this had not happened in this case, photographs can be manipulated. Neither parents nor the Panel knew about the photographs in advance and the parents had no opportunity to comment or challenge them.

The Panel did not stop to consider whether the photographs could be used as evidence.

In the particular circumstances of this case, ‘Mrs E’, the parent who complained, did not suffer an injustice by the photographs being used. She knew the school well and had adequate opportunity to challenge the admission authority’s case that it was full.

The Ombudsman finds maladministration and recommends that photographs are not used in school admission appeals unless – there are exceptional circumstances; parents are given copies in advance with an explanation of why photographs are being used and what they illustrate; and parents are given the opportunity to inspect what is shown in the photographs and challenge the admissions authority.

The Ombudsman is pleased that the Council has accepted these recommendations.

Report ref 08 010 435