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 and so we cannot question the panel’s decision.

The complaint

1. Mr X complains about an unsuccessful school admission appeal for his daughter.

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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)

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How I considered this complaint

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

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What I found

4. Mr X and his family moved to the Council’s area on 18 January 2020. The closing date for on-time applications for a September 2020 Reception place was 15 January. Mr X’s daughter (Y) started at the nursery of the family’s preferred school (School Z) on 20 January. Mr X applied for a Reception place on 28 January 2020.
5. Mr X’s application for a place at School Z was late. Because of this, the Council considered it after on-time applications. School Z was oversubscribed, and the Council could not offer Y a place. It instead offered a place at Mr X’s fourth preference. Mr X appealed the decision not to offer Y a place at School Z.
6. Independent school admission appeal panels must follow the law when considering an appeal. The law says the size of an infant class must not be more than 30 pupils per teacher. There are only limited circumstances in which more than 30 children can be admitted. There are special rules governing appeals for reception and years 1 and 2, where admitting another child would mean there would be more than 30 pupils per teacher. Appeals under these rules are known as “infant class size appeals”. The rules say the panel must consider whether:
• admitting another child would breach the class size limit;
• the admission arrangements comply with the law;
• the admission arrangements were properly applied to the case;
• the decision to refuse a place was one which a reasonable authority would have made in the circumstances.
7. What is ‘unreasonable’ is a high test, and for it to be met, the panel would need to be sure the decision to refuse a place was “perverse” or “outrageous”. For that reason, panels rarely find an admission authority’s decision to be unreasonable. Mr X’s appeal for a place was governed by infant class size legislation.
8. The Ombudsman is not an appeal body and we cannot question decisions taken without fault. Appeal panels must consider the information they are presented with – but it is for the panel to decide what weight it will give to the evidence it hears.
9. In Mr X’s written appeal, he explained why he wanted Y to attend School Z. He explained Y was familiar with the school, it was close to home, and family members could help with the school run. Mr X and his wife (Mrs X) attended the appeal.
10. The clerk’s notes from the hearing show the Council’s representative explained the admissions process and why it had not offered Y a place. During the appeal, Mrs X explained the family did not realise they needed to apply for a Reception place. They had not seen the booklet the Council publishes to explain the admissions process.
11. The clerk’s notes show the panel considered the points set out in paragraph 6. It decided School Y’s admission arrangements had been properly determined and applied. It decided it was not an unreasonable decision to refuse admission. The clerk’s notes and the panel’s decision letter refer to Mr and Mrs X’s reasons for wanting a place at School Y. The panel decided that none of the grounds for allowing an infant class size appeal had been met. This is a decision the panel was entitled to reach.
12. I understand Mr X is unhappy his appeal was unsuccessful. But each panel needs to reach a decision based on the information before it. There is not enough evidence of fault in how the panel decided Mr X’s appeal for the Ombudsman to become involved.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman