Summary: We will not investigate Mrs X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault to warrant further investigation.

The complaint

1. The complainant, Mrs X, complains about an unsuccessful school admission appeal for her daughter, Y. She says the summary of the independent school admissions appeals panel did not cover the points she made in her appeal and she wants a place for Y at her chosen school (School Z).

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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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X and her family moved house during the school admissions process; they applied for a place for Y at School Z because it was closer to their new home. The Council as the admissions authority considered Mrs X’s application for a place for Y at School Z based on her old address; this was because Mrs X had not exchanged contracts by the deadline of 6 January 2023.
6. The Council refused Mrs X’s application based on its published admissions criteria and allocated Y a place at a school which was closer to their old house. Y’s old address was not in the catchment area for the school and the final school place was allocated to a child who lived less than half a mile from the school, while Mrs X and Y’s home was further away.
7. Mrs X appealed to the independent school admissions appeals panel against the Council’s decision to refuse her application. By that time the family had moved so Y was placed on the waiting list for School Z with higher priority for a place based on her new address, which was closer to the school and within its catchment area.
8. 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.
9. The Council has provided copies of its correspondence with Mrs X about the appeals process along with the minutes of the appeal hearing and the written decision to refuse her appeal. The evidence shows the independent school admissions appeal panel considered Mrs X’s written grounds for appeal along with the school’s case and was satisfied the admissions arrangements were lawful and had been properly applied. It accepted the school’s argument that admitting a further child to the relevant year group would prejudice the provision of efficient education and the efficient use of resources at the school and that the evidence put forward by Mrs X in support of her appeal was not strong enough to outweigh the prejudice admitting Y would cause the school. The panel therefore refused Mrs X’s appeal.
10. While Mrs X says the written decision did not cover the points she made I am satisfied the panel properly considered the basis of her appeal and that the decision explains the reasons for its decision.
11. I understand Mrs X is not happy with the decision but we do not provide a further right of appeal and cannot question decisions unless there is evidence of fault in the process. The evidence in this case shows the appeal panel followed the proper process in considering and deciding Mrs X’s appeal and that its decisions were properly taken.

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Final decision

12. We will not investigate this complaint. This is because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman