Summary: We will not investigate Miss 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 Miss 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 Miss X and the School, which included the appeal papers.
6. I considered the Ombudsman’s Assessment Code.
7. Miss X had an opportunity to comment on a draft version of this decision.

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My assessment

Background information

8. Miss X applied on time for her child, Z, to have a place at this School from September 2021.
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 who lived closer to the school than Miss X. The Council offered Z a place at School D, which is less than two miles from their home.
10. Miss X appealed for a place at this School. She said:
• Family members had attended the school and she liked it.
• She did not want Z attending the allocated school as she believed children who had previously bullied Z were attending there.
11. An independent appeal panel considered her appeal in June 2021 by video hearing. It decided not to award her a place.
12. Miss X then contacted the School. She said there was another reason why she did not believe Z should attend the allocated school. The School refused her request for a second hearing.
13. Miss X disagreed and complained to the Ombudsman. She says it is not safe for Z to attend School D.

Analysis

The appeal panel’s and our role

14. 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.
15. 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.
16. 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.
17. The appeal panel’s detailed decision letter records the reasons Miss X gave the appeal panel for wanting a place. She was asked at the end of the hearing whether there was anything else she wanted to say.
18. An allocated school being unacceptable is only one factor the panel has to consider. It also has to consider why Miss X expressed this school as a preference, why other schools could not meet Z’s needs and/or why the appealed school is the only one which can meet Z’s needs.
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. We 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