Summary: We will not investigate Mrs X’s complaint about the Council’s Schools Admissions Appeal Panel’s failure to provide her child with a place at School Y. It is unlikely the Ombudsman would find fault which caused them to lose out on a school place.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z, at School Y.

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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 a 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)
3. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council, which included the Appeal Panel papers.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Background information

6. Mrs X applied on time, for her child Z to have a place at School Y in year seven from September 2023.
7. The Council allocated the places according to its admission criteria. All the places went to applicants who were closer to School Y than Mrs X. The Council allocated Z a place at School Q. This is within two miles of their home.
8. Mrs X appealed for a place at School Y. Her reasons for appealing included:
• Z lived with their grandparent during the week and Z’s cousins could help on the school run.
• Z had struggled since a close relative’s death and their health had been affected.
• Z had been bullied at primary school.
9. An Independent Appeal Panel considered her appeal in June 2023.
10. The Appeal Panel decided not to award a place.
11. Mrs X disagreed and complained to the Ombudsman. They feel their reasons are strong and that they should far out weigh any prejudice caused to the school by adding one more child.

The appeal panel and our role

12. Independent Appeal Panels must follow the law when considering an appeal. The panel must consider whether the:
• admission arrangements comply with the law;
• admission arrangements were properly applied to the case; and
• admission of another child would prejudice the education of others.
13. If the panel finds there would be prejudice the Panel must then consider each appellant’s individual arguments. If the Panel decides the appellant’s case outweighs the prejudice to the school, it must uphold the appeal. This means it can say a school is full but decide a child’s case is so compelling that it is more important to admit that child than prevent the detrimental effects to a school by having one more child.
14. We cannot question the decision if it has been properly taken. If the Panel has been properly informed, and used the correct procedure, then it is entitled to come to its own judgment about the evidence it hears.
15. The Appeal Panel’s detailed decision letter records the reasons Mrs X gave the appeal panel for wanting a place.
16. It is unlikely we would find fault in the Appeal Panel’s decision based on the information I have seen which supports the appeal panel’s decision. It is clear from the papers the Appeal Panel gave careful and thorough consideration of Mrs X’s case.

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Final decision

17. The Ombudsman will not investigate Mrs X’s complaint. This is because it is unlikely we would find fault which caused Mrs X the injustice she alleges.

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Investigator's decision on behalf of the Ombudsman