Summary: Ms M complains an Independent Appeal Panel based its decision not to admit her son to a primary school on incorrect information. The Council has offered Ms M a new appeal because of a change in her circumstances, so there is nothing to be gained from investigating her complaint further.

The complaint

1. Ms M complains following her unsuccessful appeal for a place for her son at a primary school. Ms M complains the Independent Appeal Panel based its decision on incorrect information about the organisation of classes and size of classrooms at the school.

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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 a school admission appeal panel’s decision simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3))
3. When considering complaints about school admission appeals, we check the Independent Appeal Panel followed the Code of Practice issued by the Department for Education and the hearing was fair.  We do this by examining the notes taken by the Clerk during the hearing.  We do not have the power to overturn the Panel’s decision, and we cannot give a child a place at the school. If we find fault, which calls the panel’s decision into question, we may ask for a new appeal hearing.
4. We may decide not to continue with an investigation if we decide it would not be a good use of our resources. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered:
• Ms M’s comments;
• all the information presented to the Appeal Panel, the notes taken by the Clerk during the appeal, and the Panel’s decision letter following the appeal; and
• the School Admissions Appeals Code 2012.
6. I invited Ms M and the Council to comment on my draft decision.

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What I found

7. The school is a voluntary controlled school. The Council is the admission authority and is responsible for admissions and appeals.
8. Ms M applied for a place for her son in Reception. Her application and subsequent appeal were unsuccessful.
9. Following the appeal, the school’s head teacher emailed the Council to say she thought the Council had presented incorrect information about the size of classrooms and organisation of classes at the school. The head teacher was keen to take more children.
10. The head teacher sent a copy of her email to Ms M. In light of the head teacher’s email, Ms M believes the Independent Appeal Panel based its decision on incorrect information. Ms M complained to the Ombudsman.
11. The Ombudsman checks the appeal was carried out properly. We do not decide whether Ms M’s son should be given a place at the school.
12. I asked the Council to respond to the head teacher’s concerns. The Council sent evidence which satisfied me there was no fault in the information it presented to the Panel. The Council presented information provided by the school and explained the head teacher’s willingness to reorganise classes if necessary to accommodate an extra pupil.
13. The Council also said that Ms M was entitled to another appeal as she had moved house since her last appeal. Parents are entitled to another appeal if there is a significant change in their circumstances.
14. As a new appeal would be the most I could ask for if I found fault, and the Council has already offered Ms M a new appeal, there is nothing to be gained from investigating Ms M’s complaint any further. I propose that I discontinue my investigation.

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Final decision

15. I have discontinued my investigation. Ms M is entitled to another appeal because of a change in her circumstances, so there is nothing to be gained from investigating her complaint further.

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Investigator's decision on behalf of the Ombudsman