Summary: We will not investigate Mr X’s complaint about the Council’s Schools Admissions Appeal Panel’s failure to provide his 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. Mr X, says the Council’s Schools Admissions Appeal Panel did not properly consider his appeal for a place for his child, Z, at School Y.

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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 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)

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How I considered this complaint

4. I considered information provided by Mr X and the School, which included the Appeal Panel papers.
5. I considered the Ombudsman’s Assessment Code and the School Admissions Appeals Code.

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My assessment

Background information

6. Mr X applied for his 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 Z had not reached the required grammar school standard.
7. Mr X appealed for a place. His reasons for appealing included:
• They believed Z was of a grammar school standard.
8. An Independent Appeal Panel considered his appeal in May 2024. The Appeal Panel decided not to award a place.
9. Mr X disagreed and complained to the Ombudsman. He says Z had not reached the required English standard because they had been in the country less than three years. But they believed Z was improving greatly.

The appeal panel and our role

10. 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.
11. In grammar school appeals the Appeal Panel can decide not to admit even if the school has places. It can decide to do so if there is no evidence the child is of the grammar school standard.
12. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. If the Appeal 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 Mr X had the opportunity to present his case. The minutes of the hearing show the Appeal Panel actively considered the case. It decided there was not enough evidence Z met the required standard.
14. 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 Mr X’s case.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman