Summary: there is no fault which calls the independent appeal panel’s decision not to admit Ms M’s daughter to the school into question.

The complaint

1. Mrs M complained about an Independent Appeal Panel’s decision not to admit her daughter to a school.

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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 a school admission appeal panel’s decision simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3))
3. We check the Independent Appeal Panel followed the Code of Practice issued by the Department for Education and the hearing was fair. We do this by examining the notes taken by the Clerk during the hearing. We do not have the power to overturn the Panel’s decision, and we cannot give a child a place at the school. If we find fault, which calls the panel’s decision into question, we may ask for a new appeal hearing.
4. If we are satisfied with a panel’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered information provided by Ms M and the clerk to the appeal panel. I invited Ms M and the Governors to comment on my draft decision.

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What I found

6. Ms M applied for a place for her daughter. Her application and subsequent appeal were unsuccessful. Ms M complained to the Ombudsman.
7. The Ombudsman checks the appeal was carried out properly. We do not decide whether Ms M’s daughter should be given a place at the school.
8. The school is a foundation school. The Governors are the admission authority and are responsible for organising the appeal.
9. The School Admission Appeals Code 2022 issued by the Department for Education sets out the process the Independent Appeal Panel must follow when considering an appeal.
10. There were a number of appeals for places at the school, so appeals were heard in two stages. All appellants were invited to the first stage where the independent appeal panel considered whether the school was full. The second stage, where the panel considered the appellants’ individual circumstances, was heard in private.
11. At the first stage, the school explained that it was full and could not admit additional pupils without harming the education of the pupils already admitted. Parents and the panel had an opportunity to ask questions. The panel accepted the school was full. There is no fault in the panel’s decision. We cannot question decisions made without fault.
12. The panel then went on to consider the reasons Ms M wanted a place for her daughter even though the school was full. The panel had to decide whether the harm to Ms M’s daughter of not going to the school was greater than the harm to the school of an extra pupil.
13. Ms M presented a clear and detailed case, both in writing and in person, and provided the panel with supporting evidence. I have not included the details here to ensure her daughter’s anonymity.
14. There are no notes from this stage of the appeal.
15. Paragraph 2.29 of the school admission appeals code says the clerk must ensure an accurate record is taken of the points raised at the hearing, including the proceedings, attendance, voting and reasons for decisions.
16. I do not have a complete record of the hearing.
17. However, the decision explains the panel’s decision in great detail. It satisfies me the panel took account of the reasons Ms M wanted her daughter to be admitted to the school. The panel decided the harm to the school of admitting an extra pupil was greater than the harm to Ms M’s daughter of not giving her a place.
18. There is no fault which calls the panel’s decision into question.
19. The Council, which organised the appeal on behalf of the Governors, has confirmed it will in future ensure there is a record of the hearing in addition to the detailed decision letter.

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Final decision

20. I have completed my investigation. There is no fault which calls the panel’s decision not to admit Ms M’s daughter into question.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman