Summary: Ms X complained about the Independent Appeal Panel’s decision not to admit her daughter to a school she expressed a preference for. Ms X said the appeal panel did not consider her daughter’s individual circumstances and the criteria used was unfair. Ms X said this caused her family stress and anxiety. We find no fault with how the panel considered Ms X’s appeal.

The complaint

1. Ms X complains about the Independent Appeal Panel’s decision not to admit her daughter (Y) to a school she expressed a preference for. Ms X says the appeal panel did not consider Y’s individual circumstances and the criteria used was unfair. Ms X says this is causing the family stress and anxiety.

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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)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke to Ms X, and I reviewed documents provided by Ms X and the Council.
5. I considered the School Admissions Appeal Code.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

The law and guidance

7. Independent school admission appeal panels must follow the law when considering an appeal.
8. The School Admission Appeals Code 2012 issued by the Department for Education says the size of an infant class must not be more than 30 pupils per teacher.
9. There are limited circumstances where more than 30 children can be admitted.
10. 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.
11. What is ‘unreasonable’ is a high test, and for it to be met, the panel would need to be sure the decision to refuse a place was “perverse” or “outrageous”. For that reason, panels rarely find an admission authority’s decision to be unreasonable.

What happened

12. Ms X applied for a place at Y’s preferred school (School Z) for September 2021 admission into Reception. Because there were more applications than places available, the Council used the school’s oversubscription criteria to decide which children it would offer places to.
13. The Council offered Y a place at the school closest to her home. It did not offer a place at School Z and Ms X appealed the decision.
14. Ms X explained, in her appeal, she could not manage children attending different schools, in different villages. Ms X believed the school offered to Y did not offer a suitable standard of education and Y already attended the preschool at School Z with friends moving into Reception there.
15. Ms X had the opportunity to present her case and ask questions at the appeal hearing on the 9 July 2021.
16. The clerk to the appeal panel wrote to Ms X on 9 July 2021, the same day as the appeal, to advise her of the panel’s decision. The clerk wrote again to Ms X on the 19 July 2021 with detailed reasons for the panel’s decision.
17. The panel decided giving a place to Y would breach the infant class size limit. The panel also decided School Z’s admission arrangements were lawful and correctly applied in Y’s case.
18. The record of the panel’s decision making, referenced Ms X’s concerns, as mentioned above, but the panel decided unanimously the Council’s decision to refuse Y a place at School Z was not unreasonable.

Analysis

19. The Ombudsman’s role is to consider whether the appeal panel followed the Admission Appeals Code. We do this by examining the panel’s papers and 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. The panel decide what weight to give to the evidence provided at appeal.
20. The clerk’s notes of the appeal show the panel considered each of the rules set out in the Admission Appeals Code and was satisfied each rule was met.
21. The clerk’s notes also show the panel members understood and considered the points Ms X put forward in her appeal case. However, while sympathetic to Ms X’s concerns, the panel did not find the Council’s decision to refuse a place to Y was ‘perverse in light of the admission arrangements’ and was satisfied the decision was reasonable.
22. The clerk’s record of the appeal shows the panel properly considered the case. As there was no fault in the way the Panel reached its decision, I cannot question its decision to not uphold Ms X’s appeal.

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Final decision

23. I have found no fault by the Council.
24. There is not enough evidence of fault to question the merits of the Panel’s decision and therefore I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman