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 and so we cannot question the panel’s decision.

The complaint

1. Mrs X complained about an unsuccessful school admission appeal for her 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mrs X applied for a place in Reception at her preferred school (School Z) for her daughter (Y). Mrs X already has two children at School Z. Mrs X now lives further away than when these two children were offered places.
6. Because the school was oversubscribed, the Council used its oversubscription criteria to decide which children to offer places. The oversubscription criteria do give priority to children with a sibling at the school over those who live close by. But only if the family still lives at the same address as when the siblings were admitted. If the family have moved, the new address needs to be within two miles of the school, or closer than the previous property. This did not apply to Mrs X and so her application was considered on distance.
7. The Council did not offer Y a place and Mrs X appealed the decision.

The appeals process

8. Independent school admission appeal panels must follow the law when considering an appeal. The law says the size of an infant class must not be more than 30 pupils per teacher. There are only limited circumstances in which more than 30 children can be admitted. There are special rules governing appeals for reception and years 1 and 2, where admitting another child would mean there would be more than 30 pupils per teacher. Appeals under these rules are known as “infant class size appeals”. Infant class size legislation applied to Mrs X’s appeal.
9. The rules say the panel must consider whether:
• admitting another child would breach the class size limit;
• the admission arrangements comply with the law;
• the admission arrangements were properly applied to the case;
• the decision to refuse a place was one which a reasonable authority would have made in the circumstances.
10. What is ‘unreasonable’ is a high test, and for it to be met, the panel would need to be sure the decision to refuse a place was “perverse” or “outrageous”. For that reason, panels rarely find an admission authority’s decision to be unreasonable.

Mrs X’s appeal

11. The clerk’s notes show the Council and Mrs X had the chance to present their cases. Mrs X and the panel could ask questions. In her appeal, Mrs X explained why she wanted Y to attend School Z. Mrs X said there would be logistical problems if Y had to go to a different school. Mrs X explained it was a surprise the school was oversubscribed and that children with siblings were not given higher priority.
12. The panel considered information about School Z. The panel decided its admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would breach the infant class size limit. The panel decided it was not an unreasonable decision to refuse admission. None of the grounds for allowing an infant class size appeal had been met and so the panel refused Mrs X’s appeal. The clerk’s letter explained the panel’s decision.

Assessment

13. I understand Mrs X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which were properly taken.
14. 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 and decide Mrs X’s appeal. The panel reached a decision it was entitled to.
15. There is not enough evidence of fault in how the panel decided Mrs X’s appeal for the Ombudsman to become involved. An investigation is not therefore appropriate.

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Final decision

16. We will not investigate Mrs X’s complaint because is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman