Summary: The Ombudsman will not investigate Mrs 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. The complainant, whom I shall refer to as Mrs X, complains about an unsuccessful appeal for a school place.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the Covid-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the Council followed the relevant legislation, guidance and our published “Principles of Good Administrative Practice during Covid”.
3. 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)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and information from the Council. I gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Mrs X applied for a year 7 place for her son (Y) at School Z. Because there were more applications than places available, the Council used School Z’s oversubscription criteria to decide which children it would offer places. Y was not offered a place at School Z. The Council offered Y a place at the school Mrs X listed as her third preference when she applied for a place.
6. Mrs X appealed the decision not to offer Y a place at School Z. Emergency legislation introduced by the Government during the Covid-19 pandemic allows school admission appeals to be heard remotely, by video or tele conference. They can also be decided based on written submissions. The Council said Mrs X’s appeal would be heard over the telephone.
7. In the appeal she sent to the Council, Mrs X explained why she wanted Y to attend School Z. She explained there would be logistical issues if Y had to attend the school offered. Mrs X sent a letter from Y’s GP which said it would be harmful to Y “socially and scholastically” if he attended the school the Council offered. Before the appeal, the Council circulated information about how it had offered places and the problems it would cause School Z if it admitted further children.
8. 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 a further child 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.
9. The clerk’s notes show the Council had the opportunity to present its case. The panel decided the school’s admission arrangement complied with the law and had been properly applied to Mrs X’s application. Mrs X was given the chance to put forward her appeal. The clerk’s notes show the panel considered Mrs X’s arguments. The panel considered the letter from Mrs X’s GP and her reasons for wanting Y to attend School Z. But it decided the evidence put forward by Mrs X was not strong enough to outweigh the prejudice admitting a further child would cause the school.
10. 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 Mrs X’s appeal. There is no evidence Mrs X was disadvantaged due to her appeal being heard over the telephone. The panel considered the information provided by Mrs X and the Council. It is for the panel to decide what weight should be given to each piece of evidence. The decision to refuse Mrs X’s appeal is one the panel was entitled to take.
11. I understand Mrs X is disappointed with the panel’s decision. But without evidence of fault in the decision-making process, there are no grounds for the Ombudsman to become involved. An investigation is not therefore appropriate.

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Final decision

12. The Ombudsman will not investigate Mrs 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.

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Investigator's decision on behalf of the Ombudsman