Summary: Ms X complains about the school admission appeal panel’s decision to refuse her appeal for a school place for her daughter. Ms X says this meant her daughter was not considered properly for the available place and missed out. The Ombudsman does not find the Council at fault.

The complaint

1. The complainant, who I shall refer to here as Ms X, complains about the way the Council’s school admission appeal panel dealt with her appeal about a school place for her daughter, C. She complains that:
1. the panel was at fault in refusing her appeal for a school place for her daughter; and,
2. the appeal panel did not record information given to her at the appeal about a place available at the school.

The complainant says this meant her daughter was not considered properly for the available place and missed out because of this.

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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 check the Independent Appeal Panel followed the Code of Practice issued by the Department for Education and the hearing was fair. We do this by examining the notes taken by the Clerk during the hearing. We do not have the power to overturn the panel’s decision, and we cannot give a child a place at the school. If we find fault, which calls the panel’s decision into question, we may ask for a new appeal hearing.
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered the information and documents provided by Ms X and the Council. I spoke to Ms X about her complaint. I also sent a draft copy of this decision to both parties for their comments. I considered all comments before making my final decision.
7. I considered the relevant legislation and statutory guidance, set out below.

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What I found

What should have happened

School admissions

8. Under the School Admissions Code 2014, when an admission authority writes to a parent or guardian to tell them it has refused to offer their child a place at the school they have applied to, it must include: the reason why the admission was refused; information about the right to appeal; the deadline for lodging an appeal and the contact details for making an appeal.

General requirements for admission appeal hearings

9. Admissions appeals are governed by the School Admissions Appeals Code 2012. The Code sets out how appeals should be administered and what information must be circulated beforehand.
10. Independent school admission appeals panels must follow the law when considering an appeal. The panel must consider whether:

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

11. The panel must then consider whether admitting another child would prejudice the education of others. 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.

What happened

12. Ms X applied for an in-year transfer for her daughter, C, to Year 4 at a community school. Ms X stated in the application that C has hypermobility, which means her daughter needs to attend the primary school applied for as it is closest to her home. To support her application, Ms X provided medical evidence stating her daughter’s condition means she is not able to walk long distances.
13. The Council refused the application. The decision letter provided details of alternative schools with information on their waiting lists and distances. The Council subsequently explained the medical evidence provided did not support the need for C to attend the primary school and so did not meet its admissions criterion of exceptional medical need.
14. Ms X appealed against the Council’s decision. In addition to her written appeal, she attended the appeal hearing to make her case in person.
15. The school admission appeal panel refused Ms X’s appeal.
16. Ms X contends that there was a place available in the year group at the time of the appeal. She feels C was discriminated against, possibly based on her medical needs or ethnicity. She wants the Council to reconsider the matter and give her daughter a place at the school.

Analysis

The appeal panel’s decision to refuse the appeal

17. The Ombudsman cannot question an appeal panel’s decision if it was properly taken. The panel is entitled to come to its own judgment about the evidence it hears. I have therefore considered whether there is evidence of fault in the panel’s actions.
18. The clerk’s notes of the appeal hearing show that Ms X was able to make her case. The clerk’s notes show Ms X was given the chance to explain C’s medical condition and safety concerns. Having considered the case she made, and the evidence provided by the Council, the appeal panel decided to refuse the appeal. That was a matter for the panel’s judgement and there is no indication of fault in the way it made its decision. Without evidence of fault, the Ombudsman cannot criticise the decision the panel made, or intervene to substitute an alternative view.
19. I also understand Ms X thinks C was potentially discriminated against. In line with paragraph five above, if Ms X thinks the Council’s action amounted to discrimination, she can take this matter to court for a determination on whether there has been a statutory breach of the Equality Act 2010. This is not a point the Ombudsman can make a finding on. However, the Ombudsman can consider whether there is evidence of discrimination or unfair treatment within the context of maladministration. Having considered the clerk’s notes and Council’s response to this matter, I find the panel properly took account of the medical issues raised, and came to a legitimate decision on the appeal. I find no evidence to suggest C’s race factored into the panel’s decision. I, therefore, do not find the Council at fault.
20. The Council’s original decision letter refusing to offer C a place did not provide reasons why she did not qualify under its exceptional medical need criterion. However, I do not consider this was so serious as to warrant a formal finding of fault. In the event, any potential injustice caused by this shortcoming was mitigated by the fact the appeal panel fully considered C’s medical condition and health. However, it remains the case the School Admissions Code 2014 requires councils to provide reasons for its decision when writing to parents or guardians. I suggested to the Council that it may wish to consider how to ensure this requirement is met when sending school admission decision letters. The Council said in future decision letters it would provide a reason for the outcome.

The appeal panel’s recording of information given during the appeal

21. Ms X complains that the appeal panel did not record information given to her at the appeal about a place available at the school.
22. The documents presented to the appeal panel indicate that Year 4 at the school was full. The Council has also stated the first confirmed vacancies for Year 4 only became available some months after the appeal. The evidence does not suggest that there was a place available at the time the appeal was heard. For this reason, I do not find the Council at fault.

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Final decision

23. I have completed my investigation. I have found no fault in the way the Council’s school admissions appeal panel considered Ms X’s appeal or recorded information given.

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Investigator's decision on behalf of the Ombudsman