Summary: We will not investigate Ms X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel for us to be able to question its decision.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about an unsuccessful school admission appeal for her daughter.

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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. Ms X’s daughter (Y) sat the Kent Test. This is used to decide which children will be offered places at selective (or grammar) schools in the Council’s area. Ms X’s preferred school was Tunbridge Wells Grammar School for Girls (the School). As a selective school it uses the Kent Test results to decide if children are of the required academic standard to attend. Test results combined with the School’s admission arrangements are used to decide which children the School will offer places.
6. Y scored a total of 328 in the test. The required standard was 332 with no individual score in the test below 107. Y scored 105 in the maths section of the test.
7. Y’s results in the Kent Test meant the School did not offer her a place. Ms X appealed this decision.

The appeals process

8. 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.
9. 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.
10. 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.
11. 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.

Ms X’s appeal

12. The clerk’s notes show that during the appeal, the School’s representative presented their case. They explained how places had been offered. The panel and parents could ask questions.
13. In Ms X’s appeal, she explained why she wanted Y to attend the School. Ms X said she believed Y was of the required academic standard. Ms X did not feel the test results properly reflected Y’s academic ability. Ms X provided information in support of her appeal.
14. The panel considered Y’s case. The panel decided the School’s admission arrangements were lawful and had been properly applied. 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

15. I understand Ms X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which were properly taken.
16. In her complaint to the Ombudsman, Ms X explained she was unhappy with some of the points the School’s representative raised during the appeal. But it was the panel which decided the appeal and whose consideration of the case we need to focus on.
17. The evidence I have seen shows the panel followed the proper process to consider and decide Ms X’s appeal. The panel considered the relevant tests set out in the School Admission Appeals Code.
18. The evidence shows Ms X had the chance to present her case in line with the written information she provided.
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. The panel balanced the evidence presented and reached a decision it was entitled to take. The clerk’s decision letter is in line with the notes taken during the hearing.
20. Based on the evidence available there is not enough evidence of fault in how the panel considered Ms X’s appeal to warrant us investigating.

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Final decision

21. We will not investigate Ms 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