Summary: The Ombudsman will not investigate Miss X’s complaint that the School’s Admissions Appeal Panel failed to provide her child with a place at this 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 Miss X, says the School’s 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 Miss X provided with her complaint. The School provided me with the notes from the Appeal Panel hearing, the documents the Appeal Panel had and its decision letter. Miss X had an opportunity to comment on a draft version of this decision.

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What I found

Background information

6. Miss X applied on time for her child, Z, to have a place at this School from September 2020.
7. There were more applicants than places. The School applied the published admissions scheme to decide who should get the places. The last place went to a child who had more Christian points than Miss X, in accordance with the admissions’ criteria. The Council offered Z a place at School D, which is less than a mile from their home.
8. Miss X appealed for a place at this School. She said:
• She loved this school;
• It is a good fit to Z’s abilities and needs; and
• It is within walking distance of their home.
9. An independent appeal panel considered her appeal in August 2020 by writing. The appeal panel decided not to award her a place. Miss X disagreed and complained to the Ombudsman.
10. Miss X says she thinks it is not fair that she has not been granted a place at a school she wants Z to attend.

Analysis

11. The School has to by law have a way of deciding who should get a place when more people apply for a place than the School has space for. This means it is not legally or practically possible for every parent to get the place they want for their children.

The appeal panel’s and our role

12. 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.
13. 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.
14. 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.
15. The appeal panel’s detailed decision letter records the reasons Miss X gave the appeal panel for wanting a place. It decided the school was full. It decided the prejudice to Z by not getting a place at this school did not out weigh that to the school by admitting one more pupil.
16. 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

17. 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