Summary: We will not investigate Miss X’s complaint about the Council’s School Admissions Appeal Panel’s handling of her appeal against the refusal to offer her child a place at her preferred school. This is because there is not enough evidence of fault to warrant further investigation.

The complaint

1. The complainant, Miss X, complains the Council’s School Admissions Appeal Panel did not properly consider her appeal for Year 7 place for her child, Y, at her preferred 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)
3. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

6. Miss X applied on-time for a place for Y in Year 7 at School Z from September 2023.
7. School Z had far more applications than spaces available so the Council allocated places at the school according to its oversubscription criteria. Miss X and Y live further away from School Z than the last child allocated a place and although Miss X has another child at the school they will no longer be attending in September 2023. All places were therefore taken by applicants who ranked higher on the school’s oversubscription criteria and there was no space left for Y.

The appeals process

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 and impartially applied to the appellant’s application. They also 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 clerk must ensure an accurate record is taken of the points raised at the hearing, including the proceedings, attendance, voting, and reasons for decisions.

Analysis

10. Our role is to check appeals have been carried out properly. We do not provide a further right of appeal or decide whether a child should be given a place at a school and we cannot question the merits of decisions 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.
11. The evidence available in this case shows the Council as the admissions authority wrote to Miss X to explain the reasons it refused her application for a place for Y at School Z. It sent her a copy of the school’s case explaining how spaces had been allocated, that they were allocated in accordance with their admissions arrangements and that the school was full.
12. Miss X appealed against the Council’s decision on the basis the school offered to Y was not suitable. She raised concerns about possible bullying and issues with travel and felt School Z would better support Y’s academic development and interests. She also explained Y suffered from anxiety and was awaiting a referral to the Council’s mental health services.
13. The panel considered Miss X’s appeal but accepted the argument that admitting Y to the school would prejudice the provision of efficient education and the efficient use of resources. The panel was satisfied the admissions arrangements complied with the law and were correctly and impartially applied in Y’s case. It then considered Miss X’s reasons for wanting Y to attend School Z and balanced these against the prejudice to the school from admitting another pupil. It found there was nothing significant enough to outweigh the prejudice to the school so it refused Miss X’s appeal. The Council then wrote to Miss X setting out the decision and the panel’s reasons.
14. Miss X is unhappy with the panel’s decision and believes the system is flawed. She disagrees with the oversubscription criteria and believes it is unfair that children in care, those with Education Health and Care Plans and those who have moved from other schools due to behavioural issues can be admitted while Y cannot.
15. I appreciate Miss X disagrees with the appeal panel’s decision but I have not seen enough evidence of fault to question it. The panel properly considered the concerns Miss X put forward and her reasons for wanting Y to attend School Z and I have seen no basis for us to question its judgement.

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Final decision

16. We will not investigate this complaint. This is because there is not enough evidence of fault in the way the panel considered Miss X’s appeal.

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Investigator's decision on behalf of the Ombudsman