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. The appeal took place after the Council withdrew a school place offered to Mrs X’s 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

Legislation

5. Each council must operate a Fair Access Protocol to ensure certain groups of children are offered a school place without delay.
6. Where a school receives an application for a year group which is not the normal point of entry, and does not wish to admit the child because it has good reason to believe the child may display challenging behaviour, it may refuse admission and refer the child to the Council’s Fair Access Protocol. Para 3.10 School Admissions Code.
7. Admission authorities should only rely on the provision in paragraph 3.10 if the school has a particularly high proportion of either children with challenging behaviour, or previously permanently excluded pupils on roll compared to other local schools, and it considers that admitting another child with challenging behaviour would prejudice the provision of efficient education or the efficient use of resources. Para 3.11 School Admissions Code.
8. Parents continue to have the right of appeal for any place they have been refused, even if their child has been offered a school place via the Fair Access Protocol.
9. Admission authorities can withdraw a place offered if it has been offered in error. Para 2.13 School Admissions Code.

Background

10. Mrs X applied for her daughter (Y) to transfer to year 10 at School Z. Mrs X was unhappy with Y’s current school. Because there were no places available in School Z, the Council refused Mrs X’s application. Mrs X submitted a further application and the Council offered Y a place at School Z. Mrs X accepted the place.
11. The Council then contacted Mrs X and said the place at School Z was no longer available. This was because Y was already open to the Council’s Fair Access Protocol. School Y had referred the application back to the Council as set out in paragraph 3.10 of the School Admissions Code.
12. Mrs X appealed the decision not to offer Y a place at School Z.

The appeals process

13. 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. Where applicable, this includes if the Council has properly applied its Fair Access Protocol. The panel 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

14. The clerk’s notes show the Council presented their case. This included the background to the appeal and why the case had been considered under the Fair Access Protocol. The panel asked questions. These included if a school can refuse an application even if they have places. Mrs X asked questions and then had the chance to present her case.
15. The panel considered the information it had heard and been sent. The panel decided School Z’s admission arrangements were lawful and had been properly applied. The panel decided the Fair Access Protocol had been properly applied and that admitting a further child would cause prejudice to School Z. The panel decided the evidence put forward in support of Mrs X’s appeal was not strong enough to outweigh the prejudice admitting a further child would cause School Z. The panel refused Mrs X’s appeal. The clerk’s letter explained the panel’s decision.

Assessment

16. I understand Mrs X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions when the panel followed the proper process and decisions were properly taken.
17. 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 Mrs X’s appeal. It considered all the information it was presented with. The panel reached a decision it was entitled to, and the clerk’s letter explained this decision. I have not seen enough evidence the panel did not properly consider the appeal to warrant an investigation.

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Final decision

18. 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