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.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about an unsuccessful school admission appeal for her son. Mrs X is concerned the panel did not properly consider her 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 St Bernard’s RC Grammar School (School Z).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mrs X’s son (Y) sat the entrance test for a place at her preferred school (School Z). This is a selective / grammar school. School Z uses the entrance test results to decide if children are of the required academic standard to attend. Results from the entrance test are used along with School Z’s oversubscription criteria to decide which children the school will offer places.
6. The pass mark for the test was 111 and Y scored 109. This meant School Z did not offer Y a place. Mrs X appealed this decision.

The appeals process

7. 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 applied to the appellant’s application.
8. In appeals for selective schools the panel needs to decide if the appellant’s child meets the necessary academic standard. If they decide this is not the case, then the panel cannot uphold the appeal.
9. If the child meets the academic standard and the panel decides the school can offer a place without it causing ‘prejudice’ to the school, then they must offer a place.
10. If the child meets the academic standard and the panel decides the school cannot offer a place without it causing ‘prejudice’ to the school, they need to balance the appellant’s case against the prejudice to the school.

Mrs X’s appeal

11. In Mrs X’s written appeal, she explained why she wanted Y to attend School Z. Mrs X explained there were events leading up to the test which affected Y’s performance. Mrs X explained her concerns about the school the Council had offered Y a place at. Mrs X provided information in support of her appeal. This included information from the family’s GP and Y’s primary school. Mrs X provided proof that Y had passed the selection test in a different authority.
12. The clerk’s notes show that during the appeal School Z’s representative presented their case. They explained how places had been offered. Mrs X and Y’s father (Mr X) attended the appeal. The panel and Mr and Mrs X could ask questions. Mr and Mrs X presented their case which expanded on the information already sent. There was a further opportunity for questions.
13. The panel considered Y’s case. The panel decided School Z’s admission arrangements were lawful and had been properly applied. The panel decided admitting a child would cause School Z prejudice. But more importantly, the panel decided there was not enough evidence to show Y was of grammar school ability. The panel refused the appeal and the clerk’s letter explained the decision.

Assessment

14. 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.
15. In her complaint to the Ombudsman, Mrs X referred to the Chair of the panel yawning during the hearing. Mrs X said this made it difficult to present her case.
16. I was not there at the hearing and so the Ombudsman’s decision needs to be based on the evidence available. This includes the appeal papers, clerk’s notes, and the panel’s decision letter.
17. The evidence shows Mr and Mrs X had the chance to present their case in line with the written information they provided. We could not say any actions by the panel disadvantaged Mr and Mrs X to such an extent they were unable to properly present their case.
18. The evidence I have seen shows the panel followed the proper process to consider and decide Mrs X’s appeal. They considered the relevant tests set out in the School Admission Appeals Code.
19. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel considered all the information presented. It is for the panel to decide the weight it gives to each piece of evidence.
20. Based on the evidence available there is not enough evidence of fault in how the panel considered Mrs X’s appeal to warrant us investigating.

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Final decision

21. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the panel.

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Investigator's decision on behalf of the Ombudsman