Summary: Mr X complains about the conduct of panel members considering his daughter’s admission appeal. Our investigation found no evidence of fault in how the admission appeal was considered.

The complaint

1. The complainant, who I shall refer to as Mr X, complains about the conduct of the Council’s Admission Appeals Panel when considering his child’s admission appeal. Specifically, he complains:
• The age of the panel members severely affected their levels of understanding and ability to perform their roles;
• One of the panel members was using their mobile phone during the appeal hearing;
• Another panel member repeatedly asked the same questions, stated false information as fact throughout the hearing and said Mr and Mrs X should quit work to take their child to school;
• The Chair of the panel began the appeal hearing saying they were unbiased but agreed the school were correct in refusing Mr X’s child a place.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered Mr X’s complaint and the information he provided.
6. I considered the information I received from the Council in response to my enquiries.
7. Mr X and the Council were given the opportunity to comment on a draft of this decision. I considered the comments I received before making this final decision.

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What I found

Relevant law and guidance

8. Statutory guidance about school admissions and appeals can be found in The School Admissions Code and School Admission Appeals Code. Both are published by the Department for Education. 
9. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
10. Panels must follow a two-stage decision making process: 
• Stage 1: the panel examines the decision to refuse admission. The panel must consider whether: 
1. the admissions arrangements complied with the mandatory requirements set out in the School Admissions Code; 
2. the admission arrangements were applied correctly; and if 
3. the admission of additional children would prejudice the provision of efficient education or the efficient use of resources.  
11. If a panel decides that admitting further children would “prejudice the provision of efficient education or the efficient use of resources” they move to the second stage of the process: 
• Stage 2: balancing the arguments. The panel must balance the prejudice to the school against the appellant’s case for the child to be admitted.  
12. Appeal panels must either uphold or dismiss an appeal and must not uphold an appeal subject to any conditions. Appeals must be decided by a simple majority of votes cast. A panel’s decision that a child shall be admitted to a school is binding on the admission authority concerned. 

What happened

13. Mr X’s child, Y, was granted a place at School 2 and not at their preferred school, School 1. Mr X appealed this decision, and an admission appeals hearing was held.
14. The clerk’s notes show the Council’s presenting officer presented their case as to why School 1 was full and that to admit more children would cause prejudice to the school and to those already attending it.
15. Mr X explained his reasons why he wanted Y to attend School 1. These included reasons relating to the long distance to School 2, Y’s health needs, the parents both work and neither of them drive so Y is dependent on public transport. To get to School 2, Y must get three buses.
16. The panel decided School 1’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause prejudice. The panel refused Mr X’s appeal by a unanimous decision.

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Analysis

17. The Ombudsman is not an appeal body, and we cannot question decisions taken without fault. The clerk’s notes show Mr X was given time to present his case and the panel was aware of his arguments in reaching its decision.
18. The clerk’s notes of the appeal hearing show the panel was aware of the reasons for Mr X wanting a place at School 1 for his child. The panel considered the Council’s and Mr X’s arguments when coming to its decision. I have found no evidence of fault in the way the panel reached its decision to refuse Mr X’s appeal.
19. Mr X complains the admissions appeal was not fair or balanced. I have considered Mr X’s points of complaint regarding the panel members as specified above in paragraph 1. There is no audio or video recording of the hearing and the clerk’s notes of the hearing do not reflect the issues Mr X raised. As such, I cannot make a finding on what happened, even on the balance of probabilities. There is no evidence of fault.

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Final decision

20. There is no fault in how Mr X’s admission appeal was considered. I have completed my investigation and closed this complaint.

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Investigator's decision on behalf of the Ombudsman