Summary: Ms M complains about an Independent Appeal Panel’s decision not to admit her daughter to a school. There is no fault in the Panel’s decision. The Ombudsman cannot question decisions taken without fault.

The complaint

1. Mrs M complains following her unsuccessful appeal for a place for her daughter, G, to join a school in Year 8.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. The Ombudsman cannot question a school admission appeal panel’s decision simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3))
3. We check the Independent Appeal Panel followed the Code of Practice issued by the Department for Education and the hearing was fair.  We do this by examining the notes taken by the Clerk during the hearing.  We do not have the power to overturn the Panel’s decision, and we cannot give a child a place at the school. If we find fault, which calls the panel’s decision into question, we may ask for a new appeal hearing.
4. If we are satisfied with a panel’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I have considered:
• Ms M’s comments;
• all the information presented to the Appeal Panel, the notes taken by the Clerk during the appeal, and the Panel’s decision letter following the appeal; and
• the School Admissions Appeals Code 2012.
6. I invited Ms M and the Council to comment on my draft decision.

Back to top

What I found

7. The school is a Community School. The Council is the Admission Authority and is responsible for admissions and appeals.
8. Ms M applied for a place for her daughter in Year 8. Her application and subsequent appeal were unsuccessful. Unhappy with the outcome, Ms M complained to the Ombudsman.
9. The Ombudsman checks the appeal was carried out properly. We do not decide whether Ms M’s daughter should be given a place at the school.
10. The School Admission Appeals Code 2012 issued by the Department for Education sets out the process the Independent Appeal Panel must follow when considering an appeal.
11. The Panel must first consider whether the Council has correctly applied the admission criteria to the application. Ms M’s application was unsuccessful because the school was full. There are places for 220 children in Year 8 and there are 222 children already on roll. The Panel was satisfied the admission criteria were correctly applied.
12. The Panel must then consider whether the school can accept any more pupils without disadvantaging those already given places. This is known as the case for prejudice. The school presented a detailed written case explaining why it could not admit additional pupils. Both the Panel and Ms M had an opportunity to question the school’s representative. The Panel accepted the school was full and could not take extra pupils. There is no fault in the Panel’s decision. The Ombudsman cannot question decisions taken without fault.
13. The Panel must then consider Ms M’s case for her daughter to be admitted to the school even though the school is full. This is known as the balancing stage where the prejudice to Ms M’s daughter if she is not given a place is balanced against the prejudice to the school if she is.
14. The Clerk’s notes and the decision letter clearly record the written case Ms M submitted before the appeal and her discussions with the Panel at the hearing. The Panel considered Ms M’s arguments but decided the prejudice to her daughter did not outweigh the prejudice to the school. There is no fault in the Panel’s decision. The Ombudsman cannot question decisions made without fault.
15. Ms M is unhappy the school would not admit her daughter even though a pupil has recently left. She does not think this is fair. The school explained that it is still oversubscribed and has a long waiting list. The Panel considered the matter. There is no fault in the Panel’s decision not to admit Ms M’s daughter.

Back to top

Final decision

16. I have completed my investigation. There is no fault in the Appeal Panel’s decision not to admit Ms M’s daughter to the school. The Ombudsman cannot question decisions taken without fault.

Back to top

Investigator's decision on behalf of the Ombudsman