Summary: The Ombudsman will not investigate Ms X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault.

The complaint

1. Ms X complained 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 Ms X and the School.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

5. Ms X’s daughter (Y) is due to start secondary school in September 2022. Y sat the Kent Test. This is an entrance test used to decide if children are of the required academic standard to attend a grammar school. At the start of the test session Y attended, it was discovered there were not enough papers for all the candidates. Photocopying extra papers meant the test was delayed by 20 minutes.
6. In the entrance test Y scored 339. This is above the total mark needed to be considered of grammar school ability. But students also need to score above 109 in each of the test’s separate parts. Y scored 104 in the maths paper. This meant she was not considered to be of grammar school ability. Ms X’s application for a place at Tunbridge Wells Girls Grammar School (School Z) was therefore refused. Ms X appealed the decision.

The appeals process

7. Independent appeal panels must follow the law when considering an appeal. They need to consider if the school’s admission arrangements comply with the law, and if they were properly applied to the appellant’s application.
8. In appeals for selective schools the panel needs to decide if the appellant’s child meets the necessary academic standard. If they decide this is not the case, then the panel cannot uphold the appeal.
9. If the child meets the academic standard and the panel decides the school can offer a place without it causing ‘prejudice’ to the school, then they must offer a place.
10. If the child meets the academic standard and the panel decides the school cannot offer a place without it causing ‘prejudice’ to the school, they need to balance the appellant’s case against the prejudice to the school.

Ms X’s appeal

11. The clerk’s notes show the School and Ms X had the chance to present their cases. In her appeal, Ms X explained why she wanted Y to attend School Z. She referred to the problems in the entrance test. Ms X provided a letter of support from Y’s primary school. Ms X provided information in support of her case that Y would be able to cope in a grammar school. The panel asked questions and Ms X summarised her case.
12. The clerk’s notes show the panel considered the information it was presented with. This included what happened in the entrance test and information about Y’s academic performance. The panel decided there was not enough evidence to show Y was of grammar school ability. It therefore refused Ms X’s appeal. The clerk’s letter explained the decision.

Assessment

13. I understand Ms X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which were properly taken.
14. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider and decide Ms X’s appeal. The panel reached a decision it was entitled to. I have not seen any evidence the panel did not properly consider the appeal or the information Ms X sent.
15. There is not enough evidence of fault in how the panel decided Ms X’s appeal for the Ombudsman to become involved. An investigation is not therefore appropriate.

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Final decision

16. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman