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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

5. Mrs X’s family is moving into the Council’s area from overseas. Mrs X applied for a Year 4 place at School Z for her daughter (D). Mrs X also applied for a place for her son (E) in a different year group. Because there were no places in either year group, the Council refused her applications. Mrs X appealed the decisions not to offer D and E places. Mrs X’s appeal for E was successful. Her appeal for D is the subject of this complaint.

The appeals process

6. 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

7. The clerk’s notes show the school’s representative presented their case. There was the opportunity for questions. Mrs X raised concerns about how her application had been dealt with and why her husband had initially been told there was a place at the school. The Council explained the place in question had already been offered to a parent who wanted to view the school before accepting it.
8. Mrs X had the chance to present her case. She explained why she wanted D to attend School Z and the difficulties it would cause if this was not possible. There was a further chance for the panel to ask questions.
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 D would cause the school. 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 and 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.
12. 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.

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Final decision

13. 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