Summary: The Ombudsman will not investigate Miss X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault and so we cannot question the merits of the panel’s decision.

The complaint

1. Miss X complains about an unsuccessful school admission appeal 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.

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My assessment

5. Miss X has moved address and now lives close to the school. Miss X applied for a Year 1 place for her daughter (B). Another of Miss Y’s children (C) already attends the school. Because there were no places in Year 1 the school did not offer B a place. Miss X appealed the decision. This complaint is about the appeal for a place for B.
6. Miss X also applied for a place at the school for her other child (D). This application was also refused because of a lack of places and Miss X appealed the decision.
7. Independent 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.
8. 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. Miss X’s appeal for B was governed by infant class size legislation.
9. In her written appeal Miss X explained why she wanted B to attend the school. Miss X explained the logistical problems caused by having children at different schools.
10. The clerk’s notes show the panel considered information about the school and Miss X’s written appeal. The panel decided the school’s admission arrangements were lawful and had been properly applied. The panel considered Miss X’s reasons for wanting a place. The panel decided it was not an unreasonable decision to refuse admission. The panel decided that none of the grounds for allowing an infant class size appeal had been met. This is a decision the panel was entitled to reach. The clerk’s letter explained the panel’s decision.
11. I understand Miss X is unhappy her appeal was unsuccessful. But each panel needs to reach a decision based on the information before it. There is not enough evidence of fault in how the panel decided Miss X’s appeal for the Ombudsman to become involved. An investigation is not therefore appropriate.
12. In her complaint to the Ombudsman Miss X said her appeal for a place for her other child, D, was successful. Parents are only allowed to submit one appeal for each child per academic year unless there is a material change in the circumstances of the parent child or school. Miss X can therefore ask the school if it will accept a fresh application on the basis this test has been met due to her successful appeal for D. If the school does accept a fresh application, but refuses to offer a place, Miss X can appeal the decision. If she was unhappy with the outcome of the appeal, Miss X could make a fresh complaint to the Ombudsman.

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Final decision

13. The Ombudsman will not investigate Miss X’s complaint. This is because there is not enough evidence of fault and so we cannot question the merits of the panel’s decision.

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Investigator's decision on behalf of the Ombudsman