Summary: Mr B complained about various matters related to his son’s application for a place in the sixth form at St Olave’s and St Saviour’s Grammar School. The main areas of his complaint related to the way in which the admissions authority decided not to honour its conditional offer of a place after his son achieved a slightly lower grade in a GCSE subject that he did not intend studying at A Level, and the independent appeal panel’s handling of his son’s subsequent appeal against that decision.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the personal injustice caused to X we recommend that within one month of the date of this report the governing body:

• apologises to X and pays him £400 to recognise the injustice he has been caused in the form of avoidable frustration and distress;
• pays Mr B £100 to recognise the avoidable time and trouble he was caused in having to pursue his complaint to us for the matter to be resolved; and
• arranges a fresh appeal hearing with a different panel and clerk to consider X’s appeal properly. Mr B confirms that X is still interested in a place in year 13 of the School’s sixth form.

To ensure the faults identified in the admission arrangements and the admission appeal do not continue and adversely affect future applicants and appellants, the governing body should take the following action within three months of the date of this report:

• ensure that it writes to all applicants who have been made a conditional offer if their application is refused later on and that it informs these applicants of their right to appeal against this refusal;
• ensure the selection process for external applicants does not include any private discussions between teachers and individual applicants;
• ensure that the governing body is involved in decisions reached in the admissions process as it is the admissions authority for the School;
• consider re-writing its admission arrangements to make clear that the grade 6 requirement in maths and English is not one that the admissions authority will routinely consider exercising discretion on;
• ensure that it provides appellants with details of how to complain to us if they are dissatisfied with the administration of their appeal;
• consider how and who it decides to use as a presenting officer at future appeal hearings and ensures its approach contributes to the appellant having a fair hearing and adheres to the principles of natural justice; and
• provide further training for its appeal panel members and ensure that they receive regular updates as required and detailed in the Appeals Code.

Ombudsman satisfied with governing body's response: 21 June 2021.

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