Summary: We will not investigate Miss 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 Miss X, complained about an unsuccessful school admission appeal for her daughter (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 Council.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Miss X applied for Y to join year 9 at her preferred school (School Z). Miss X and her family had recently moved close to School Z. Y’s sibling had been offered a place at a nearby school. School Z was full in year 9 so it refused Miss X’s application. Miss X 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.

Miss X’s appeal

7. The clerk’s notes show School Z’s representative presented their case at the first stage of the appeal. They explained the difficulties offering a place would cause. There was an opportunity for questions.
8. Miss X presented her case. Miss X explained why she wanted Y to attend School Z. Miss X explained the circumstances which led to the family moving. There would be logistical issue if the panel did not offer a place. Miss X talked about Y’s health problems. The panel asked questions.
9. The panel decided School Z’s admission arrangements were lawful and had been properly applied. The panel decided there were no issues with the processing of Miss X’s application. The panel decided admitting a further child would cause School Z prejudice.
10. The panel then considered Miss 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 Miss X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School Z. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

11. I understand Miss 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 Miss X’s appeal.
13. The clerk’s note show School Z and Miss X presented their cases. The panel asked questions about the issues at the heart of Miss X’s case.
14. Each panel needs to reach a decision based on the information presented. The evidence I have seen shows the panel considered 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.
15. Based on the evidence I have seen there is not enough evidence of fault in how the panel considered Miss X’s appeal for us to be able to question its decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman