Summary: We will not investigate this complaint about an unsuccessful schools admissions appeal. This is because there is insufficient evidence of fault in how the appeal was considered.

The complaint

1. The complainant, who I will refer to as Ms C, complains about an unsuccessful schools admissions appeal.

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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 considered what Ms C said in support of her complaint and the appeal panel documents provided by the Council. I sent a draft version of this decision to Ms C and invited her comments.

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What I found

4. Ms C applied for her daughter to attend a school in the Council’s area. However, her application was refused due to her daughter not meeting the required grade in one of her tests. Ms C appealed on the grounds that her daughter only just fell short of achieving the required grade and that she was nervous when taking the test.
5. 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.

6. 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.
7. Due to Covid-19 restrictions, the hearing was limited to written submissions only. Ms C provide her submissions and supporting information prior to the hearing.
8. The clerk’s notes of the appeal hearing show that the panel considered all of Ms C’s representations into account, however concluded that there was insufficient evidence provided to prove that she would cope with the fast pace of education at the school. The panel wrote to Ms C and informed her of the outcome of the panel hearing and explained how it reached its decision.

Assessment

9. I will not investigate Ms C’s complaint because I am unlikely to find fault in how the panel reached its decision. There is no evidence of fault in the way it considered so in this case.
10. The Council has provided evidence that the panel considered all the evidence Ms C provided, before reaching its decision. The panel is entitled to come to its own judgment about the evidence it hears. Ms C strongly disagrees with this judgement, but without evidence of fault, we cannot intervene to criticise the decision, or substitute an alternative view.

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Final decision

11. I will not investigate this complaint. This is because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman