Summary: Mr X complains that the independent appeal panel failed to consider his case properly when it considered his appeal for a school place for his daughter. The admissions authority has agreed to arrange a new appeal. The Ombudsman has discontinued his investigation on this basis.

The complaint

1. Mr X complains that the independent admissions appeal panel that considered the appeal for a place for his daughter did not consider the appeal properly. Specifically, he says:

• the School’s case was flawed, and it had misquoted the number of places available in its appeal document;
• the School presented new statistical information on the day of the appeal, which was not available to Mr X;
• the afternoon stage 1 and 2 hearings were delayed because the panel rejected the Schools’ case at Stage 1. This meant his own case was not heard until early evening;
• the afternoon Stage 1 hearing went ahead despite knowing the School’s case was flawed;
• the panel unreasonably decided to proceed with the Stage 2 hearings rather than having an adjournment, despite it being late in the day;
• the Stage 2 hearing was rushed and because of this the panel did not seem interested in what he said.
• the Chair told him not to refer to the new information the School had provided even though this was relevant to his appeal.

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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)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I spoke to Mr X on the telephone and discussed his complaint with him. I made enquiries of the Council, as it was acting on behalf of Blythe Bridge High School (the admissions authority), in this matter.

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What I found

6. The admissions authority refused Mr X’s daughter application for a secondary school place. Mr X appealed against the decision. He submitted a written appeal with supporting evidence and attended the appeal hearing with his wife to make his case in person.
7. The independent school admission panel refused Mr X’s appeal. Mr X believes the hearing was not conducted properly and the panel was at fault in the way it considered his case.
8. Independent school admission appeal panels must follow the law when considering an appeal. The panel must consider whether:

• the admission arrangements comply with the law;
• the admission arrangements were properly applied to the case

9. The panel must then consider whether admitting another child would prejudice the education of others.
10. If the panel finds there would be prejudice the panel must then consider each appellant’s individual arguments. If the panel decided the appellants case outweighs the prejudice to the school, it must uphold the appeal.
11. The Ombudsman does not question the merits of decisions properly taken. The panel is entitled to come to its own judgments about the evidence it hears.
12. In response to my enquiries, Staffordshire County Council said that it had spoken to the admissions authority and agreed that a fresh new appeal should take place as early as possible, given that the new school year was underway. I have spoken to Mr X and he would like to proceed on this basis.
13. If I were to investigate this complaint further and find fault in the way the panel had considered the appeal, the action I would be most likely to recommend the admission authority take in order to remedy the fault, would be to arrange a fresh appeal hearing. As the admissions authority has agreed to do this as a result of my enquiries, there is nothing greater to be gained by investigating the complaint further.

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Final decision

14. I have discontinued my investigation on the basis that the admissions authority has agreed to a new appeal.

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Investigator's decision on behalf of the Ombudsman