Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council’s school admission appeal panel was at fault in refusing her appeal for a school place for her daughter. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council’s school admission appeal panel was at fault in refusing her appeal for a school place for her daughter.

Back to top

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)

Back to top

How I considered this complaint

3. I have considered what Mrs B has said in support of her complaint, and the application and appeal documents provided by the Council.

Back to top

What I found

4. Mrs B applied for a school place for her daughter for September 2020 transfer to secondary school. She later changed her preference and applied for a place at a different school. This application was late and all places at the school had already been allocated. The Council therefore refused it.
5. Mrs B appealed against the Council’s decision. In support of her appeal, she set out why her application had been late and why she felt her daughter should be allocated a place at the school. Her husband attended the appeal hearing and was able to make their case to the appeal panel.
6. 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;
• the admission arrangements were properly applied to the case.

7. 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.
8. The Ombudsman does not question the merits of decisions properly taken. The panel is entitled to come to its own judgment about the evidence it hears.
9. The evidence shows that Mrs B and her husband were able to make their case for their daughter’s admission to the school. Having considered their representations, and the case made by the Council, the appeal panel decided that there were insufficient grounds to uphold the appeal. There is no evidence of fault in the way the panel made its decision.
10. The weight the panel members gave to the evidence is a matter for them, not the Ombudsman. Without evidence of fault on the panel’s part, the Ombudsman cannot intervene to criticise the decision or substitute an alternative. There are therefore no grounds to investigate the complaint.

Back to top

Final decision

11. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman