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.
5. I considered the Ombudsman’s Assessment Code and the Schools 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. More people applied than places. The Council applied its admission criteria and the last place went to a pupil who lived closer to School Y than Z.
7. Mr X appealed for a place. His reasons for appealing included:
• They really like School Y and believe it is a good fit for Z.
• Z could walk to School Y.
• Z’s health had been adversely affected by being offered a school they did not know.
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 the Appeal Panel has been unfair. He said the Council had failed to properly process his appeal. He had had to chase the Council. The Council accepted it had received his appeal but had failed to process it. Mr X agreed to waive his right to ten days notice of an appeal. The Council arranged for an appeal and gave him four days notice. Mr X says this meant the Appeal Panel did not have enough time to properly consider his appeal. He says they missed the chance to attend an information meeting.

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. 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.
12. The Appeal Panel decision letter shows the Appeal Panel actively considered the case. 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.
13. Mr X agreed before his appeal to waive his right to ten days’ notice. While it is clear there are accepted faults in the administration leading up to the appeal, it is unlikely we could say those faults directly caused the Appeal Panel to refuse his appeal. It is clear from the Clerk’s notes and the decision letter the Appeal Panel considered the written appeal Mr X had submitted and the attachments to that appeal.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman