Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault.

The complaint

1. Mrs 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 the complainant and the School.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

5. Mrs X applied for her daughter (F) to transfer to Year 7 at her preferred school (School Z). Because there were no places in Year 7, School Z refused Mrs X’s application. Mrs X appealed the decision not to offer F a place at School Z. This appeal is the subject of Mrs X’s complaint to the Ombudsman.
6. Mrs X also applied for her other daughter (G) to move to Year 9 at School Z. Again, because there were no places in Year 9, School Z refused Mrs X’s application and she 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. They need to decide if admitting a further child would “prejudice the provision of efficient education or the efficient use of resources”. If they think it would, they need to consider if an appellant’s arguments outweigh the prejudice to the school.

Mrs X’s appeal

8. The clerk’s notes show the School presented their case. The panel and Mrs X asked questions. Mrs X presented her case and explained why she wanted F to attend School Z. Mrs X explained how F had been bullied at her current school, along with her elder sister.
9. The panel considered information about School Z. The panel decided its admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause prejudice. The panel decided the evidence put forward in support of Mrs X’s appeal was not strong enough to outweigh the prejudice admitting F would cause School Z. The panel refused Mrs X’s appeal. The clerk’s letter explained the panel’s decision.

Assessment

10. I understand Mrs X is unhappy her appeal was unsuccessful. But we are not a right of further appeal. We cannot question decisions when the proper process was followed and decisions were properly taken.
11. 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 Mrs X’s appeal. The panel considered all the information before it and reached a decision it was entitled to. I have not seen enough evidence the panel did not properly consider the appeal to warrant an investigation.

Right of further appeal

12. Mrs X’s appeal for G was successful. Paragraph 5.1 of the School Admission Appeals Code states:
13. “Appellants do not have the right to a second appeal in respect of the same school for the same academic year, unless, in exceptional circumstances, the admission authority has accepted a second application from the appellant because of a significant and material change in the circumstances of the parent child or school but still refused admission.”
14. I do not know if Mrs X has accepted the place offered to G, or if the offer remains open to her. But if either still apply, Mrs X can ask the School if it will accept a further application in respect of F. It would be for School Z to decide if the offer made to G represents a significant and material change of circumstance, and if it will therefore accept a second application for F. If it did, and the application was refused, there would be a fresh right of appeal.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman