London Borough of Waltham Forest (21 009 286)

Category : Education > School admissions

Decision : Closed after initial enquiries

Decision date : 20 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate Ms X's complaint that the school admission appeal panel refused her appeal for a school place for her son. This is because there is not enough evidence of fault in the way the appeal panel dealt with matters.

The complaint

  1. Ms X complains a school admission appeal panel did not take account of medical and social grounds of her son Z and her friend’s son Y. This has caused mental health problems, depression for Z and Y and medical appointments being missed by her friend, Y’s mother. Ms X wants Z to be placed in the school immediately or be at the top of the waiting list.

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The Ombudsman’s role and powers

  1. 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

  1. I considered information provided by Ms X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X applied on time for her child, Z, to have a place at this School from September 2021 in year seven. In the original application Ms X stated that the preferred school was closer to Z’s grandparents house. Due to Ms X’s work commitments and being a single parent, Z’s grandparent would take him to school everyday.
  2. There were more applicants than places for the relevant year group. The School applied the published admissions scheme to decide who should get the places. The Council offered Z a place at the nearest school to his home.
  3. Ms X appealed for a place at this school. Ms X raised a number of points in her appeal including that Z went to school from his grandparent’s house and that
    Ms X and Z provided emotional and practical support for her friend and Y.
  4. An independent appeal panel considered the appeal in May 2021 by video hearing. It decided not to award Z a place. The panel found that the admissions arrangements were applied correctly, the school was at capacity and that Z’s need to attend the school did not outweigh the negative impact on the school were he to be admitted.
  5. Ms X did not include any information about medical and welfare grounds for applying for a place at the school in her application. Therefore, it is unlikely we would find fault with the panel’s decision that the admissions arrangements had been applied correctly.
  6. The panel considered Ms X’s submissions and this is set out in the written notes of the appeal and the panel’s decision letter. Therefore, it is unlikely we would find fault with the panel’s decision and we will not investigate this complaint.

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Final decision

  1. We will not investigate this complaint. This is because it is unlikely we would find fault on in the way the appeal panel reached its decision.

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Investigator's decision on behalf of the Ombudsman

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