Complaints about School Admissions - Your questions answered

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1. Can I complain to the Ombudsman if I do not get a place at the school I requested?

In most cases, yes.

2. What is the Ombudsman’s role?

The Ombudsman looks into complaints about injustice caused by administrative fault. So the Ombudsman can consider a complaint where someone thinks that a place at a school was refused because of some unfairness or mistake by the admissions authority and/or a schools admissions appeal was handled incorrectly.

But the Ombudsman is not another level of appeal and he or she cannot question decisions taken by the admissions authority or an appeal panel if they were taken properly and fairly – that is, without administrative fault.

3. When can I complain?

If you are refused the school place you asked for and you want to pursue the matter, the first thing you need to do is to make an appeal, to an appeal panel. The admissions authority should tell you how to do this. If your appeal to the appeal panel is not successful and you think that a place at your preferred school has been refused unfairly or incorrectly then you can complain to the Ombudsman.

Complaints about school admissions are usually urgent so it is important that you send us your complaint as soon as you can after the appeal. We will then try to deal with it as quickly as we can.

You can also complain if you have asked for an appeal and the admissions authority has not arranged an appeal hearing for you.

4. How do I make a complaint?

This is explained in our leaflet, and there is a complaint form that you can use.

If you would like further advice about making a complaint or completing the complaint form please call our Advice Service on 0845 602 1983.

5. What do I need to tell the Ombudsman?

Please tell us the name and address and, if possible, the telephone number of the school concerned. If you know that the school is a voluntary aided or a foundation school please say so, because this establishes who the complaint is against. But do not worry if you do not know because we will find out ourselves.

Please also tell us anything you think the admissions authority or the appeal panel did wrong. We want to know about everything you are unhappy about.

6. What other information do I need to provide?

It will help if you can send us a copy of any documents you have. For example:

  • your application for a place in the school you wanted;
  • the letter from the authority refusing a place;
  • the documents you put to the appeal panel;
  • the documents the authority put to the appeal panel;
  • the decision letter after the appeal.

7. What can the Ombudsman do for me?

If we find there was administrative fault that caused you injustice then one possible outcome is that the admissions authority may agree to hold a fresh appeal. And in certain, less common, circumstances the admissions authority may agree to offer a place at the school you wanted.

8. What if my child has a statement of special educational needs?

If you are unhappy about your school offer, you need to appeal to the Special Educational Needs and Disability Tribunal. That is a national body, not a local one. We cannot consider a complaint about that appeal. But we could consider a complaint about any delay by a council in arranging an offer of a place.

9. Where can I get more information?

You can look at the special report we published on School Admissions and Appeals in March 2004. This gives examples of things the Ombudsmen have criticised and explains the guidance they have given about admissions and appeals. Section L of this report is about the role of the Ombudsman.

Our Digests of cases also contain details of cases about school admissions and the outcomes of them.

 

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