Summary: We will not investigate Mr B’s complaint that the Council was at fault in refusing his application and appeal for a school place for his daughter. 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 Mr B, complains that the Council was at fault in refusing his application and appeal for a school place for his daughter.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

What I found

4. Mr B applied for a Year 7 school place for his daughter for transfer in September 2021. The schools for which he applied received more applications than they had places available, so the Council applied its oversubscription policy. It refused Mr B’s application.
5. Mr B appealed for a place at one of the schools. He set out why he wanted his daughter to attend the school, and why the school place the Council had offered is daughter was not appropriate for her.
6. Mr B’s representations, and those of the Council, were considered by the school admission appeal panel. He had the opportunity to make his case to the panel during an online hearing. The panel refused Mr B’s appeal. He disagrees with the decision and wants the matter reconsidered.
7. 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 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.
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 clerk’s notes of the appeal hearing show that Mr B had the opportunity to participate fully and make his case. They also show that the panel considered it. There is nothing to suggest fault in the way the panel considered the evidence and made its decision.
11. The decision the panel members made was a matter for their judgement. Without evidence of fault, the Ombudsman cannot criticise it, or intervene to substitute an alternative view. There are therefore no grounds for us to investigate the complaint.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman