London Borough of Bexley (19 018 411)
Category : Education > School admissions
Decision : Closed after initial enquiries
Decision date : 14 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s 11+ test review process. This is because the complainant has a right of appeal to an Independent Appeal Panel if his daughter is refused a place at the grammar school that he wants her to attend, and it is reasonable to expect him to use it.
The complaint
- The complainant, who I refer to here as Mr X, says that the Council’s 11+ test review process was unfair, and did not consider properly his daughter’s extenuating circumstances.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered the information and complaint provided by Mr X. I also considered the decision of the Review Panel. I sent a draft decision to Mr X for his comments.
What I found
- Mr X’s daughter sat the Council’s 11+ test. Her test results were below the score needed to qualify to be considered for a grammar school place.
- Mr X requested the test results be reviewed due to extenuating circumstances that affected his daughter’s performance. He and his daughter’s head teacher provided information regarding his daughter’s young carer responsibilities and the disrupted night sleep she had before the test.
- The test results and information provided went before a Review Panel, which upheld the 11+ test. The Review Panel said that no allowances were made where parents had decided to let their child sit the test when unwell or affected by a family circumstance that had only just occurred. In such circumstances, the Review Panel said the Council’s advice is to postpone the test until a later date.
- Mr X complains that the review process was unfair as it did not consider properly his daughter’s extenuating circumstances. He has asked the Ombudsman to consider the Council’s review process.
- The Ombudsman will not consider the complaint at present because Mr X will have a right of appeal to an independent appeal panel (IAP). Mr X needs to appeal to an IAP if his preferred school for his daughter is refused. This is a process of statutory appeal established by parliament. The IAP can consider whether the admissions process was fairly conducted, which includes any issues raised by Mr X regarding the 11+ test.
- If the IAP refuses the appeal, and Mr X feels it did not consider the matter properly and fully, he will have the right to bring a fresh complaint to the Ombudsman for assessment.
Final decision
- I will not investigate this complaint. This is because the complainant will have a right of appeal to an Independent Appeal Panel against the refusal of his preferred grammar school that he wants his daughter to attend, and it is reasonable to expect him to use it.
Investigator's decision on behalf of the Ombudsman