Summary: We will not investigate Mrs X’s complaint that the School’s Admissions Appeal Panel failed to provide her child with a place at this 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 School’s 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 information provided by the Mrs X and the School, which includes the appeal papers, and the School Admissions Appeals Codes.
6. I considered the Ombudsman’s Assessment Code.
7. I considered Mrs X’s comments on a draft version of this decision.

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My assessment

Background information

8. Mrs X applied on time for her child, Z, to have a place at this School from September 2021 in year seven.
9. There were more applicants than places. The School applied the published admissions scheme to decide who should get the places. The last place went to a child in a higher admissions criteria than Mrs X. The Council offered Z a place at School D, which is less than the distance senior school children are expected to be able to walk to school. It was not a school she had expressed a preference for.
10. Mrs X appealed for a place at this School. She said:
• Z’s older sibling had attended there;
• She did not like School D;
• Z’s mental health had deteriorated since they had not been allocated a place at this school.
11. An independent appeal panel considered her appeal in June 2021 by telephone hearing. It decided not to award her a place. Mrs X disagreed and complained to the Ombudsman.
12. Mrs X says the appeal panel did not properly consider her case. She believes the appeal panel did not consider the letters in support she submitted with her appeal. She says they did not mention them at the hearing. She felt the hearing was rushed and she did not have enough time to say all she wanted to.

Analysis

The appeal panel’s and our role

13. 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.
14. 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.
15. 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.
16. The appeal panel’s detailed decision letter records the reasons Mrs X gave the appeal panel for wanting a place. It refers to the written letters she submitted in support as do the Clerk’s notes of the hearing. Therefore, on balance it seems the panel did have, and considered, the written evidence Mrs X submitted.
17. The Clerk’s notes show the panel asked her if she had had the opportunity to say all she wanted. Mrs X has not told us of anything different she was not able to say.
18. Mrs X says the panel’s decision letter is littered with errors but she has provided no details.
19. 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

20. 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