Summary: The Ombudsman will not investigate Mr X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel and so we cannot question the merits of its decision.

The complaint

1. Mr X complains about an unsuccessful appeal for a school place.

Back to top

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)

Back to top

How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the papers from his appeal. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

Back to top

What I found

4. Mr X applied for a year 7 place for his son who will start secondary school in September 2019. The Council offered Mr X a place at his preferred school. But the Council then decided Mr X did not live at the address he had used to make his application. The Council withdrew the place offered. In line with the School Admissions Code, the Council considered the application afresh. It did not offer Mr X’s son a place at his preferred school, and as required, offered Mr X a right of appeal.
5. Mr X appealed the Council’s decision. Mr X attended the appeal. During the appeal the Council’s representative explained why the place previously offered had been withdrawn. Mr X had sent evidence in support of his appeal, and the panel confirmed it had read this information. The Council’s representative explained why it had not offered Mr X’s son a place when it considered the application afresh. They explained the difficulties admitting a further child would cause. Mr X and the panel had the opportunity to ask questions.
6. Independent appeal panels must follow the law when considering an appeal. They need to consider if the school’s admission arrangements comply with the law, and if they were properly applied to the appellant’s application. They need to decide if admitting further children would “prejudice the provision of efficient education or the efficient use of resources.” If they think it would, they need to consider if an appellant’s arguments outweigh the prejudice to the school.
7. The panel decided the school’s admission arrangements complied with the law and had been properly applied to Mr X’s application. They decided that admitting further children would cause prejudice to the school. The panel’s notes show they considered the information from Mr X. The panel decided the evidence put forward by him was not strong enough to outweigh the prejudice admitting a further child would cause the school.
8. The Ombudsman is not an appeal body and we cannot criticise decisions taken without fault. The evidence I have seen shows the panel followed the proper process to consider Mr X’s appeal. It considered the information it was presented with. Mr X is concerned, because he says the panel did not consider whether the Council was right to withdraw the place it originally offered. But while this was not detailed in the panel’s decision letter, the clerk’s notes show the panel did consider this issue. The decision to refuse Mr X’s appeal is one the panel was entitled to take. I understand Mr X is disappointed with the panel’s decision. But without evidence of fault in how the panel reached its decision, there are no grounds for the Ombudsman to become involved. An investigation is not therefore appropriate.

Back to top

Final decision

9. The Ombudsman will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the panel and so we cannot question the merits of its decision.

Back to top

Investigator's decision on behalf of the Ombudsman