Summary: We will not investigate Mrs X’s complaint that the Council’s Schools Admissions Appeal Panel failed to provide her child with a place at her preferred 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 Mrs X, says the Council’s Schools 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 Mrs X provided with her complaint. The Council provided me with the notes from the Appeal Panel hearing, the documents the Appeal Panel had and its decision letter. I considered Mrs X’s comments on a draft version of this decision.

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What I found

Background information

6. Mrs X applied on time for her child, Z, to have a place at School Y from September 2021. It is about half a mile from her current home which she moved to in March 2021, after the places had been allocated.
7. There were more applicants than places. The Council applied the published admissions scheme to decide who should get the places. The last place went to a child who lived closer to the school than Mrs X. The Council used Mrs X’s previous address to calculate her home to school distance. The Council offered Z a place at School D. This was her third choice school but is more than three miles from her current home address.
8. Mrs X appealed for a place at School Y. She said:
• Z had moved primary schools because of bullying and they wanted Z at the same school as their new peers;
• The next nearest school to their home is where the bullies would attend;
• Their house move had been delayed by complications caused by the Covid 19 pandemic and
• Z’s mental health could be affected is they did not get School Y.
9. An independent appeal panel heard her appeal in June 2021 remotely. It decided not to award her a place. Mrs X disagreed and complained to the Ombudsman.
10. Mrs X says the appeal panel did not properly consider her case. She says it is not fair they have lost out on the school they wanted because of delays to their house move which they believe were not their fault. She says the Appeal Panel only had two members on the day of her appeal but had had three the day before.

Analysis

The appeal panel’s and our role

11. 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.
12. 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.
13. 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.
14. The appeal panel’s detailed decision letter records the reasons Mrs X presented to the appeal panel for wanting a place. It is clear the Appeal Panel actively considered the delay in the house move.
15. In April 2020, the government introduced emergency regulations because of the COVID-19 pandemic. These are the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020. These temporarily amend the existing regulations and will be in force until 30 September 2021. The government published guidance to accompany the temporary regulations, ‘Changes to the admission appeals regulations during the coronavirus outbreak’ (‘the Guidance’).
16. The temporary regulations say that when an Appeal Panel member has to drop out because of illness, the Appeal Panel can continue with two members.
17. 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

18. 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