Summary: The Ombudsman will not investigate Mrs X’s complaint that the Council’s Schools Admissions Appeal Panel failed to provide her child with a place at her preferred school. It is unlikely the Ombudsman would find fault which caused her to lose out on a school place.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z.

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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 a 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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)
4. 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”.

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How I considered this complaint

5. I considered the information Mrs X provided with her complaint. The Council provided me with the notes from the Appeal Panel hearing, the documents the Appeal Panel had and its decision letter. Mrs X had the opportunity to comment on a draft version of this decision.

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What I found

Background information

6. Mrs X applied on time for her child, Z, to have a place at School Y from September 2020. It is about two miles from her home.
7. There were more applicants than places. The Council applied the published admissions scheme to decide who should get the places. The last place went to a child in a higher category than Mrs X. The Council offered Z a place at School D. This is her catchment school and around half a mile walk from home.
8. Mrs X appealed for a place at School Y. She said:
• Z’s sibling attended School Y and she wanted them to go to school together.
• Other family members attended School Y which made transportation easier
• She had a younger child to get to primary school too and could not accompany Z to School Y.
• Z suffered from nose bleeds and she was concerned she would not be able to get to School D when this happened.
9. An independent appeal panel heard her appeal in June 2020 remotely. It decided not to award her a place. Mrs X disagreed and complained to the Ombudsman.
10. Mrs X says the appeal panel did not properly consider her case. She says she had forgotten to tell the Appeal Panel that she had arthritis which makes walking to the schools difficult and having extended family able to do that would be a great help.

Analysis

The appeal panel’s and our role

11. Independent appeal panels must follow the law when considering an appeal. The panel must consider whether the:
• admission arrangements comply with the law;
• admission arrangements were properly applied to the case; and
• admission of another child would prejudice the education of others.
12. 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. This means it can say a school is full but decide a child’s case is so compelling that it is more important to admit that child than prevent the effects to a school by having one more child.
13. We cannot question the decision if it has been properly taken. If the Panel has been properly informed, and used the correct procedure, then it is entitled to come to its own judgment about the evidence it hears.
14. The appeal panel’s detailed decision letter records the reasons Mrs X presented to the appeal panel for wanting a place. She had the chance to verbally and in writing in advance set out her case. She had the chance to question School Y’s case.
15. It is unlikely we would find fault in the Appeal Panel’s decision based on the information I have seen which supports the appeal panel’s decision.

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Final decision

16. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman