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 St Edmund’s Catholic School (the School).
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 7 at the School. Because there were more applications than places available, the School used its oversubscription criteria to decide which children it would offer places. The School’s oversubscription criteria take into account the distance from home to school and if the child has been baptised as a Catholic. Y attends a church considered “Modern Catholic”. This meant she was given the oversubscription criterion which covered members of “Other Christian Churches”. The School did not offer Y a place and 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 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. Miss X presented her case. Miss X explained why she wanted Y to attend the School. Miss X explained she had not known Y’s church was not considered Catholic. Miss X hoped to have Y baptised in the Catholic Church. Miss X wanted Y to receive a Catholic education. There were issues with the School the Council had offered a place at.
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 Miss X’s application. The panel decided admitting a further child would cause the School 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 considered the information presented, including information about other schools with spaces. 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 the School. 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 Miss 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 Miss X’s case.
14. Each panel needs to reach a decision based on the information presented. The panel had access to Miss 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 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.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman