Summary: We will not investigate Mrs B’s complaint that the Council’s school admission appeal panel failed to properly consider her appeal for a school place for her son. 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 failed to properly consider her appeal for a school place for her son.

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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 have considered what Mrs B has said in support of her complaint, and the appeal documents provided by the Council. I have offered Mrs B the opportunity to comment on a draft of this decision.

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What I found

4. Mrs B applied for a school place for her son for September 2021. She lives in the school’s catchment area and has another son at the school. As the Council received more applications than the school had places available, it applied its oversubscription policy. It refused Mrs B’s application.
5. Mrs B appealed against the Council’s decision. In support of her appeal, she set out why she felt it was not possible for her son to travel to the school he had been allocated. She also provided evidence of her medical condition. She attended her appeal hearing, which was held online.
6. The appeal panel refused Mrs B’s appeal. Mrs B contends that it failed to properly consider the circumstances of the case and the arguments she made. She wants the Council to reconsider the matter.
7. Independent school admission appeal 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.

8. The panel must then consider whether admitting another child would prejudice the education of others. If it 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.
9. 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.
10. The documents presented to the appeal panel and the clerk’s notes of the hearing show that Mrs B was able to make her case and that the appeal panel considered it. There is no evidence of fault in the way it did so. Without evidence of fault, the Ombudsman cannot criticise the decision, or intervene to substitute an alternative view.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman