Summary: We will not investigate Miss X’s complaint about the Council’s Schools Admissions Appeal Panel’s failure to provide her child with a place at School Y. It is unlikely the Ombudsman would find fault which caused them to lose out on a school place.

The complaint

1. Miss X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z, at School Y.

Back to top

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 a 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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Miss X and the Council, which included the Appeal Panel papers.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

Background information

6. Miss X applied for her child Z to have a place at School Y starting in year seven in September 2024. School Y is a grammar school. The Council refused to offer Z a place because they had not reached the required grammar school standard.
7. Miss X appealed for a place at School Y. Her reasons for appealing included:
• Z had experienced the loss of a close family member the week before the grammar school entrance exams, and she felt this had affected their performance.
• Z is in the top sets in primary school.
• Z had achieved marks in primary school tests which Miss X believed showed Z was capable of grammar school standard.
• Z liked School Y and logistically it worked for the family.
8. An Independent Appeal Panel considered her appeal remotely in April 2024.
9. The Appeal Panel decided not to award a place.
10. Miss X disagreed and complained to the Ombudsman. She says she could not properly explain her case at the appeal panel because of technical issues and because she found it hard to discuss the family bereavement.

The appeal panel and our role

11. Independent Appeal Panels must follow the law when considering an appeal. The panel must consider whether the:
• admission arrangements comply with the law;
• admission arrangements were properly applied to the case; and
• admission of another child would prejudice the education of others.
12. We cannot question the decision if it has been 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.
13. The Appeal Panel minutes show Miss X had issues unmuting at the start until she changed how she accessed the meeting. The minutes show the Appeal Panel could hear her comments.
14. The Appeal Panel’s detailed decision letter records the reasons Miss X gave the appeal panel for wanting a place and believing Z met the required standard. The minutes of the hearing show the Appeal Panel actively considered the case, including Z’s primary school head teacher’s letter. It decided there was not enough evidence Z met the required standard.
15. It is unlikely we would find fault in the Appeal Panel’s decision based on the information I have seen which supports the appeal panel’s decision. It is clear from the papers the Appeal Panel gave careful and thorough consideration of Miss X’s case.

Back to top

Final decision

16. The Ombudsman will not investigate Miss X’s complaint. This is because it is unlikely we would find fault which caused Miss X the injustice she alleges.

Back to top

Investigator's decision on behalf of the Ombudsman