Summary: We will not investigate this complaint about an unsuccessful school admission appeal. This is because there is not enough evidence of fault for us to question the panel’s decision.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the decision not to offer his daughter (Y) a sixth form place.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way a school admissions appeals panel made its decision. If there was no fault in how the panel made its decision, we cannot question the outcome. 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. Mr X’s daughter (Y) attended Tunbridge Wells Girls Grammar School to the end of Year 11. She applied for a place in the sixth form. Y originally received a message offering her a place. The School then wrote to Mr X and said it could not offered Y a place. This was because she had not met the entry requirements for a sixth form place. Mr X appealed the decision.

Sixth form appeals

6. The School Admission Appeals Code contains a section on appeals for admission to sixth forms.
7. The Code states that where a child did not reach the specific entry requirements, the appeal panel must not make its own assessment of a child’s ability. The panel instead needs to decide if the admission authority’s decision the child was not of the required standard was reasonable.

Mr X’s appeal

8. At the appeal, the School explained why it had not offered Y a place. It explained Y’s average score across her top six subjects met the required standard. But her grades in Biology and Maths did not. Y’s parents had the chance to present their case. This included Y’s plans to retake her Maths GCSE and the reasons she wanted to continue to attend the school. The panel asked questions.
9. The panel considered the information they had been presented with. The panel decided the School’s admission arrangements had been properly applied. They decided the decision Y had not met the required standard for entry to the sixth form was reasonable. The clerk’s letter explained the panel’s decision.

Assessment

10. It is unfortunate Y received a message saying she had been offered a place at the sixth form. But the School Admissions Code does allow places offered in error to be withdrawn. We will not consider this point further.
11. I also understand Mr X is disappointed with the panel’s decision. But we are not a right of further appeal and cannot question the panel’s decision unless there was a fault or flaw which brings the decision into question.
12. In this case, the panel followed the process set out in the School Admission Appeals Code. The panel considered the information presented and reached a decision it was entitled to.
13. There is not enough evidence of fault in this case for us to question the panel’s decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman