Summary: We will not investigate Mrs X’s complaint about an unsuccessful appeal for a school place. This is because an investigation would be unlikely to find 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 says the panel failed to properly consider information about problems with her son’s health.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and Ermysted’s Grammar School (the School).
4. I considered the Ombudsman’s Assessment Code.

Back to top

What I found

Background

5. The School is a selective / grammar school. It therefore uses the results of a selection test and its oversubscription criteria to decide which children it will offer places. Mrs X’s son (Y) sat the selection test for a place in September 2024. To be deemed suitable for a grammar school place children needed to score 192.5. Y scored 191.5. This meant he was not deemed suitable for a grammar school place and the School refused Mrs X’s application. Mrs X appealed the decision not to offer Y a place.

The appeals process

6. 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.
7. 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.
8. If the child meets the academic standard and the panel decides the school can offer them a place without it causing ‘prejudice’ to the school, then they must offer a place.
9. 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

10. In her written appeal, Mrs X explained Y missed the original test due to health problems. Y was also not well when he eventually sat the test. Mrs X explained there had been other problems with Y’s health and there were ongoing investigations. Mrs X explained why she was unhappy with the school offered and the issues it would cause if the panel did not offer Y a place.
11. Mrs X attended Y’s appeal which was held virtually. 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.
12. Mrs X presented her case and expanded on the written information she had sent. Mrs X provided further information about Y’s health and how it had impacted on his test performance and general education. Mrs X explained Y was now working at a higher level than his practice SATs had indicated. Mrs X explained why she wanted Y to attend the School.
13. 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

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. The evidence I have seen shows the panel followed the proper process to consider and decide Mrs X’s appeal. The panel considered the relevant tests set out in the School Admission Appeals Code.
16. The evidence shows Mrs X had the chance to present her case in line with the written information she provided.
17. 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 looked at information Mrs X sent before her appeal and the information she presented during the hearing. The panel took into account the information about Y’s health. The panel’s decision is one it was entitled to take. The clerk’s decision letter is in line with the notes taken during the hearing.
18. In her complaint to the Ombudsman, Mrs X said the panel could have waited until Y’s SATs results were published before it made a decision. But we can only look at how the panel dealt with the information it was presented with on the day.
19. 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.

Back to top

Final decision

20. We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman