Summary: We will not investigate Ms B’s complaint about the decision to refuse her appeal for a school place for her daughter. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council was at fault in refusing her application and appeal for a school place for her daughter.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant has had the opportunity to comment on my draft decision. I have considered her comments.

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My assessment

6. Ms B applied for a Reception school place for her daughter for admission in September 2021. She applied for a place at the school where her daughter attends nursery. The school had 30 Reception places available. Ms B applied after the closing date for applications. All places were allocated to applicants who had applied on time and Ms B’s application was refused.
7. Ms B appealed against the Council’s decision. In support of her appeal, she argued that it was not her fault her application was late as she was unaware of the closing date. She also argued that sending her daughter to another school would be detrimental to her wellbeing.
8. Ms B attended the hearing at which her appeal was considered. The appeal panel did not uphold her appeal. Ms B believes it failed to take account of her daughter’s needs. She wants the matter reconsidered.
9. 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. 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.

10. What is ‘unreasonable’ is a high test. The panel needs to be sure that to refuse a place was “perverse” or “outrageous”. For that reason panels rarely find an admission authority’s decision to be unreasonable.
11. The Ombudsman does not question the merits of decisions properly taken. The panel is entitled to come to its own judgment about the evidence it hears.
12. The clerk’s notes of Ms B’s appeal hearing show that she had the opportunity to participate fully and make her case. They also show that the panel considered it. There is nothing to suggest fault in the way the panel considered the evidence and made its decision.
13. The decision the panel members took was a matter for their judgement. Without evidence of fault, the Ombudsman cannot criticise it, or intervene to substitute an alternative view. There are therefore no grounds for us to investigate the complaint.

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Final decision

14. We will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman