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

The complaint

1. Miss X complained about an unsuccessful school admission appeal for her child (Y). She said the matter had caused her significant distress and meant her child was at risk of regressing in their education. She wanted the

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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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My assessment

5. Miss X applied on time for a place for Y in Year 7 at the School (which was the Admissions Authority) from September 2024.
6. The School had far more applications than spaces available so it allocated places according to its oversubscription admissions criteria. Miss X’s application for Y fell under the same criteria stage as the child who received the final place at the school, but that child lived closer. Miss X says she will struggle to get Y to their allocated school and that this will impact their mental health and education.
7. The panel considered how the Admissions Authority applied its admissions criteria and was satisfied it applied this correctly. It considered Miss X’s reasons for appealing. It asked questions of the Admissions Authority and Miss X to gather further details. It weighed Miss X’s submission against the Admissions Authority’s argument that admitting a further child would prejudice the provision of effective and efficient education and the efficient use of resources.

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Final Decision

8. The panel followed the correct process in coming to its decision and there is insufficient evidence of fault. In the absence of fault in the process, we cannot question the outcome. We will not investigate this complaint.
9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the panel considered Miss X’s appeal.

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Investigator's decision on behalf of the Ombudsman