Summary: The Ombudsman will not investigate Mrs X’s complaint that the Council’s Schools Admissions Appeal Panel failed to provide her child with a place. It is unlikely the Ombudsman would find fault which caused them to lose out on a school place.

The complaint

1. The complainant, whom I shall call Mrs X, says the Councils School’s Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z.

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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 a 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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information Mrs X provided with her complaint. The Council provided me with the notes from the Appeal Panel hearing, the documents the Appeal Panel had and its decision letter. I considered Mrs X’s comments on a draft version of this decision.

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What I found

Background information

5. Mrs X applied late for her child, Z, to have a place at School D from September 2019.
6. The Council allocated the places for School D in accordance with its published admissions scheme. As Mrs X has applied late her application was considered after the on time applications had been allocated a place. This meant all of School D’s places had been allocated to other children. The Council offered Z a place at School Y which is their catchment and nearest school.
7. Mrs X appealed for a place at School D. She said:
• Z should not be penalised for their parent’s forgetfulness
• Z has a sibling at the school
• Z would have obtained a place if they had applied on time.
• Z could travel on the bus with their sibling to School D.
• The family could not get two children to two different schools
• Z was familiar with School D
• Z has no friends attending School Y
• School Y does not have the extra curricula activities which Z enjoys but School D does.
8. An independent appeal panel heard her appeal in June 2019. It decided not to award a place. Mrs X disagreed and complained to the Ombudsman. She says Z’s needs have not been given enough priority in the decision making.

Analysis

The appeal panel’s and our role

9. Independent appeal panels must follow the law when considering an appeal. The panel must consider whether the:
• admission arrangements comply with the law;
• admission arrangements were properly applied to the case; and
• admission of 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 decides the appellant’s case outweighs the prejudice to the school, it must uphold the appeal. This means it can say a school is full but decide a child’s case is so compelling that it is more important to admit that child than prevent the effects to a school by having one more child.
11. We cannot question the decision if it has been properly taken. If the Panel has been properly informed, and used the correct procedure, then it is entitled to come to its own judgment about the evidence it hears.

The appeal in this complaint

12. The notes of the appeal hearing provide evidence the appeal panel followed the correct procedure. The appeal panel considered the admission arrangements and decided they had been properly applied.
13. The appeal panel was also satisfied that the school year was full and that admitting any further pupils would cause prejudice to the existing pupils. The appeal panel’s clerk’s notes show the Panel carefully considered and discussed Mrs X’s specific reasons for wanting School D.
14. The appeal panel decided Mrs X’s case was not strong enough to outweigh the prejudice to School D if Z attended it.
15. The appeal panel’s detailed decision letter records the reasons Mrs X presented at the appeal panel for wanting a place.
16. It is unlikely we would find fault in the Appeal Panel’s decision based on the information I have seen which supports the appeal panel’s decision.

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Final decision

17. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman