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. Miss X complained about an unsuccessful school admission appeal for her son. Miss X says she was not told before the hearing the panel would not ring third parties for supporting information.

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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. Miss X applied for her son (Y) to attend St Bede’s (School Z). Because there were more applications than places available, the School used its oversubscription criteria to decide which children it would offer a place. School Z did not offer Y a place and Miss X appealed the decision.

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.

Miss X’s appeal

7. The clerk’s notes show the School’s representative presented their case. The panel could ask questions. Miss X presented her case. In Miss X’s appeal she explained why she wanted Y to attend School Z. She explained she already had two children at the school. Y had struggled in his last year of primary school without either of his siblings in the school. Miss X explained the reasons she was not happy with the alternative school offered.
8. 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 Miss X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School Z. The panel refused Miss X’s appeal. The clerk’s letter explained the panel’s decision.

Assessment

9. I understand Miss 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.
10. Before the hearing, Miss X received letters which explained the appeals process and the deadline for submitting information. One of the letters asked if Miss X would be calling any witnesses. The original appeal form gave Miss X the chance to provide the reasons for her appeal. These documents meet the requirements of the School Admission Appeals Code. Ultimately, it is for an appellant to decide what information to provide in support of their appeal. It is not for the panel to seek information from third parties.
11. The evidence I have seen shows the panel followed the proper process to consider Miss X’s appeal. 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

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

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Investigator's decision on behalf of the Ombudsman