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.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about an unsuccessful school admission appeal for her son (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 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 Bemrose School (the School).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Ms X applied for Y to join year 5 at the School. Ms X and her family have recently moved into the area and the School is close to the family home. The School’s Published Admission Number (PAN) is 60 and the school has 60 children in year 5. The School refused Ms X’s application and she appealed the decision.

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. They need to decide if admitting a further child would “prejudice the provision of efficient education or the efficient use of resources”. If they think it would, they need to consider if an appellant’s arguments outweigh the prejudice to the school.

Ms X’s appeal

7. The clerk’s notes show the School’s representative presented their case at the first stage of the appeal. They explained the difficulties offering a place would cause. The panel and parents could ask questions.
8. Ms X presented her case. Ms X explained why she wanted Y to attend the School. It was close to her home and there would be logistical issues if the panel did not offer a place. Y’s sibling had a place at the School.
9. The panel decided the School’s admission arrangements were lawful and had been properly applied. The panel decided there were no issues with the processing of Ms X’s application. The panel decided admitting a further child would cause the School prejudice.
10. The panel then considered Ms X’s case and balanced it against the prejudice it had found admitting a further child would cause. The panel decided the evidence put forward in support of Ms X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause the School. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

11. I understand Ms X is unhappy the appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
12. The evidence I have seen shows the panel followed the proper process to consider Ms X’s appeal.
13. The clerk’s note show Ms X presented her case in line with the key points from her written appeal. The panel asked questions about the issues at the heart of Ms X’s case.
14. Each panel needs to reach a decision based on the information presented. The panel had access to Ms X’s written appeal. The evidence I have seen shows the panel considered all the information before it and reached a decision it was entitled to. It is for the panel to decide what weight it gives to information from each party. The clerk’s notes record the panel’s deliberations and correspond with the decision letter.
15. Based on the evidence I have seen there is not enough evidence of fault in how the panel considered Ms X’s appeal for us to be able to question its decision.

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Final decision

16. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman