Summary: We will not investigate this complaint that the Independent Appeal Panel (IAP) failed to properly consider the complainant’s appeal for a school place for her son. This is because it is unlikely we would find fault in the way the IAP made its decision.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the IAP failed to properly consider her appeal for a school place for her son (X).

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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 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)

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How I considered this complaint

3. I considered information provided by Miss B, including her response to my draft decision and the appeal documents provided by the admissions authority. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Miss B applied for a school place for X for September 2021 admission. X attends the nursery provision at the school (School Y). As the admissions authority received more applications than School Y had places available, it applied its oversubscription policy and refused Miss B’s application. X was allocated a space at Miss B’s second choice of school.
5. Miss B appealed against the decision. In support of the appeal, she set out why she felt the school was the most appropriate for X’s needs and how attending another school would be detrimental to X. She also provided evidence of X’s developmental needs. Miss B attended the appeal hearing which was held online and had an opportunity to provide verbal evidence.
6. School admission appeal panels must follow the law when considering an appeal. The law says the size of an infant class must not be more than 30 pupils per teacher. There are only limited circumstances in which more than 30 children can be admitted. There are special rules governing appeals for reception and years 1 and 2, where admitting another child would mean there would be more than 30 pupils per teacher. Appeals under these rules are known as “infant class size appeals”. The rules say the panel must consider whether:

• admitting another child would breach the class size limit;
• the admission arrangements comply with the law;
• the admission arrangements were properly applied to the case;
• the decision to refuse a place was one which a reasonable authority would have made in the circumstances.

7. The IAP agreed with the admissions authority and the school’s assessment that admitting a further child would breach the infant class size limit.
8. The IAP was satisfied that the admissions authority had properly implemented the admissions arrangements and had lawfully refused Miss B’s application.
9. The IAP’s decision letter and notes show consideration for Miss B’s reasons for wanting a place at School Y. They found however that the decision to refuse a place was one which any reasonable authority would have made in the circumstances.
10. The IAP found that School Y was not the only school which could serve the needs of X.

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Final decision

11. I will not investigate this complaint. This is because it is unlikely we would find fault in the way the Independent Appeal Panel made its decision.

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Investigator's decision on behalf of the Ombudsman