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. Mr X complained about an unsuccessful school admission appeal for his 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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What I found

Background

5. Mr X’s daughter (Y) was due to start year 7 in September 2022. The Council did not offer Y a place at any of Mr X’s preferred schools.
6. Mr X appealed the decision not to offer Y a place at his first choice of school (School Z).

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.

Mr X’s appeal

8. Mr X’s appeal was heard based on his written submission.
9. The clerk’s notes show the School’s representative presented their case. The panel could ask questions. The panel considered Mr X’s written appeal. This included why he wanted Y to attend School Z, his concerns about the school offered, and the difficulties it would cause if Y could not attend School Z.
10. The panel decided School Z’s 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 Mr X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School Z. The panel refused Mr X’s appeal. The clerk’s letter explained the panel’s decision.

Assessment

11. I understand Mr X is unhappy his 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.
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 Mr X’s appeal.
13. 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.
14. Mr X can make an in-year application for a year 8 place at School Z. If his application was refused there would be a fresh right of appeal.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman