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.

The complaint

1. Miss X complained about an unsuccessful school admission appeal. Miss X said the panel failed to properly consider the information she presented.

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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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What I found

Background

5. Miss X’s son (Y) is due to start Reception in September 2022. Miss X applied for a place at her preferred school (School Z). Because there were more applications than places available, the Council used School Z’s oversubscription criteria to decide which children it would offer places. It did not offer Y a place. The Council instead offered a place at the closest alternative school with a space. This is Miss X’s catchment school. Miss X appealed the decision not to offer Y a place at School Z.

The appeals process

6. 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”. Infant class size legislation applied to Miss X’s appeal.
7. 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

9. The clerk’s notes show the Council and Miss X had the chance to present their cases. In her appeal, Miss X explained why she wanted Y to attend School Z. She explained Y already attended the nursery linked to the school and did not like change. Relatives lived close to the school and helped look after Y. Miss X had attended School Z as had Y’s sibling. She explained the problems it would cause if Y could not attend School Z.
10. The panel considered information about the school. The panel decided the school’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would breach the infant class size limit. The panel decided it was not an unreasonable decision to refuse admission. None of the grounds for allowing an infant class size appeal had been met and so the panel refused Miss X’s appeal. The clerk’s letter explained the panel’s decision.

Assessment

11. I understand Miss X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which were properly taken.
12. 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 Miss X’s appeal. The panel reached a decision it was entitled to.
13. 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.

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Final decision

14. We 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