Summary: We will not investigate this complaint about the complainant’s school admissions appeal. This is because there is no evidence of fault in the way the Independent Appeal Panel (IAP) made its decision.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complains about an unsuccessful appeal for a preferred secondary school place for her child ‘A’.
2. Mrs X says that she submitted a late paper application due to issues with the online application portal. She says A’s primary school did not assist her as suggested in the appeal. A has been offered an alternative place which is 3.6 miles from the family home as her chosen school was full by the time the late application was considered.
3. Mrs X has other children and would need to transport them all to three different schools which she describes would be stressful. A’s older sibling attends the preferred school (half mile away), Mrs X wants A to be accepted so they can travel together as this will be safer for A.

Back to top

The Ombudsman’s role and powers

4. 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.
5. 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

6. I considered information provided by the complainant and the Council including the appeal documents and the clerk’s minutes of the Independent Appeal Hearing.
7. I considered the Ombudsman’s Assessment Code.
8. Mrs. X has now had an opportunity to comment on my draft decision. I have carefully considered her comments before reaching my final decision.

Back to top

My assessment

9. Independent appeal panels must follow the law when considering an appeal. They need to consider if the school’s admission arrangements comply with the law, and if they were properly applied to the appellant’s application. They need to decide if admitting a further child would “prejudice the provision of efficient education or the efficient use of resources”. If they think it would, they need to consider if an appellant’s arguments outweigh the prejudice to the school.
10. The clerk’s notes from the appeal show the school’s representative explained why A had not been offered a place. The notes show what difficulties the school thought would be caused if A was offered a place. In her appeal, Mrs X explained why she wanted A to attend the preferred school. She explained it would be very far for A to travel, without her older sibling and she was a small child who could get lost and emphasised her concerns about A’s safety.
11. The clerk’s notes also show that:
• Mrs X and the panel could ask questions about the information presented.
• The panel decided the school’s admission arrangement complied with the law and had been properly applied to Mrs X’s application.
• The panel decided admitting further children would cause prejudice.
• The panel decided the evidence put forward by Mrs X was not strong enough to outweigh the prejudice admitting a further child would cause the school.
• The panel considered the reasons provided by Mrs X for the late submission of the application due to online issues. It concluded that other parents had not encountered this issue or had successfully submitted in time paper applications.
• The clerk’s letter to Mrs X explained the panel’s decision.
12. Mrs X’s can apply for a Transport for London Zip Oyster Card for A, which will allow A to travel to school on a bus without charge.
13. We are not an appeal body, and we cannot criticise decisions taken without fault. The evidence I have seen shows the panel followed the proper process to consider Mrs X’s appeal. The panel considered the information provided by Mrs X and the Council. It is for the panel to decide what weight should be given to each piece of evidence. The decision to refuse Mrs X’s appeal is one the panel was entitled to take.
14. I understand Mrs X is disappointed with the panel’s decision. But without evidence of fault in the decision-making process, there are no grounds for us to become involved.

Back to top

Final decision

15. My final decision is that we should not investigate this complaint. This is because there is no evidence of fault in the way the IAP made its decision and so we cannot question the merits of its decision.

Back to top

Investigator's decision on behalf of the Ombudsman