Summary: We will not investigate Mrs X’s complaint about the Council’s Schools Admissions Appeal Panel’s failure to provide her 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. Mrs X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her 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 Mrs X.
5. I considered the Ombudsman’s Assessment Code and the Schools Admissions Appeals Code.

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My assessment

Background information

6. Mrs X applied for her child Z to have a place at School Y starting in year three in September 2024. The family had moved away and wanted to return. The year group was full. Her application was refused.
7. Mrs X appealed for a place. Her reasons for appealing included:
• Z was unhappy and needed to be back with their friends at School Y.
• They knew two pupils were leaving by the end of the 2023/24 year.
8. An Independent Appeal Panel considered her appeal in July 2024. The Appeal Panel decided not to award a place.
9. Mrs X complained about the decision. She said:
• The appeal panel decision is not fair.
• They have been discriminated against.
• Two pupils were leaving and so the year group was not full.

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 School Admissions Appeals Code sets out the appeals process and what the Appeal Panel should take into account when deciding an appeal.
12. 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.
13. The Appeal Panel decision letter shows the Appeal Panel actively considered the case.
14. The Appeal Panel was told about the potential two leavers. But it also heard that there can be a delay between people saying they are leaving, and the child being taken off the school roll. It also heard there are other schools within the statutory walking distance with places available.
15. Based on the information I have seen which supports the Appeal Panel’s decision, it is unlikely our investigation could find fault in the Appeal Panel’s decision which has caused them to lose out on a place.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman