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. Mrs X says the appeal panel’s decision was unreasonable and did not take into account the information presented at the appeal.

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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. Mrs X applied for her daughter (Z) to transfer to the 2022/23 reception year at St Paschal Baylon (‘the School’). Mrs X’s family had recently moved to an address close to the School. Z’s younger sister (Y) would be joining the 2023/24 reception class. Because the School was full in the 2022/23 reception class, it refused Mrs X’s application. Mrs X appealed the decision not to offer Z a place.

The appeals process

6. 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.
7. 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.
8. 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

9. In her written appeal Mrs X explained why she wanted Z to attend the School. Mrs X explained she could not drive and the School was within walking distance of the family home. It would be very difficult for the children to attend different schools. Mrs X explained here was a strong bond between her two daughters.
10. The clerk’s notes show the School’s representative presented their case. They explained why it had not been possible to offer Z a place. They explained the School had offered all its places and the difficulties it would cause if another child attended the School. Mrs X and Y’s father could ask questions. They then presented their cases. There was another opportunity for the panel to ask questions.
11. In its deliberations the panel considered information about the School. 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

12. 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. As previously explained, the threshold for an infant class size appeal to succeed is very high.
13. The evidence I have seen shows the panel followed the proper process to consider and decide Mrs X’s appeal. The panel asked questions and explored the issues at the heart of the appeal.
14. Each panel needs to reach a decision based on the information before it. The panel considered all the information it was presented with and reached a decision it was entitled to. The clerk’s decision letter is sufficiently detailed to explain the panel’s decision.
15. Based on the information available there is not enough evidence of fault in how the panel considered and 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 there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman