Summary

Mrs D applied for a place in Year Five for her son at a school, which was outside their catchment area. She was a victim of ‘honour’-based violence and wanted her son to attend a school that no other family members attended.

The Council refused the application because the school was full. Mrs D decided to appeal the Council’s decision not to give her son a place by going to an independent appeals panel. The purpose of an appeals panel is to consider whether the prejudice caused to the child by not attending a school outweighs the prejudice caused to the school by having an additional pupil.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, the Council should:

• apologise to Mrs D;
• arrange a fresh Year Five appeal for Mrs D with a new panel, clerk and presenting officer; and,
• ensure that appeal personnel are properly trained and understand their legal role including their functions as set out in the School Admission Appeals Code (2012).
• The Council should tell us when it has conducted this training and confirm that all appeal personnel have attended.

Ombudsman satisfied with Council's response: 22 November 2018

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