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

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the decision not to offer her daughter (Y) a sixth form place.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way a school admissions appeals panel made its decision. If there was no fault in how the panel made its decision, we cannot question the outcome. 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 Maidstone Grammar School for Girls (the School).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mrs X applied for Y to attend the School’s sixth form. The School’s admission arrangements for the sixth form require a student to have achieved certain GCSE results. These are:
• At least a grade 5 in English Language or Literature.
• At least a grade 5 in Maths.
• At least 6 GCSE subjects of grades 9 – 5.
• The specific entry requirements for the subjects to be studied.
6. Y did not meet the second and third criteria and so the School did not offer Y a place. Mrs X appealed the School’s decision.

Sixth form appeals

7. The School Admission Appeals Code (the Appeals Code) contains a section on appeals for admission to sixth forms.
8. The Appeals Code states that where a child did not reach the specific entry requirements, the appeal panel must not make its own assessment of a child’s ability. The panel instead needs to decide if the admission authority’s decision the child was not of the required standard was reasonable.

Mrs X’s appeal

9. At the appeal, the School explained why it had not offered Y a place. The panel asked questions and Mrs X had the chance to present her case. Mrs X expanded on her written appeal. Mrs X referred to events in the family which she said had affected Y’s performance in her GCSEs. Mrs X said Y was close to a higher grade in three of her subjects. Mrs X explained Y’s expected grades were higher. Mrs X said she had learnt the family could have requested special consideration given the family’s circumstances.
10. The panel considered the information they had been presented with. The panel decided the School’s admission arrangements had been properly applied. They decided the decision Y had not met the required standard for entry to the sixth form was reasonable. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

11. I understand Mrs X is disappointed with the panel’s decision. But we are not a right of further appeal and cannot question the panel’s decision unless there was a fault or flaw which brings the decision into question.
12. In her complaint to the Ombudsman, Mrs X said the School’s representative could not answer questions about Y’s Maths teacher leaving. Mrs X also said they gave incorrect information and could not answer other questions – for example about Y’s mock GCSEs.
13. I was not there at the time and so our decision needs to be based on the evidence available. This includes Mrs X’s appeal, the clerk’s notes, and the panel’s decision letter.
14. As I explained in paragraph 8, the role of the panel in sixth form appeals like this one is to decide if the school’s decision the child was not of the required standard was reasonable. Our focus needs to be on the panel’s decision making – rather than the strength or otherwise of each party’s case.
15. From the evidence available the panel followed the process set out in the Appeals Code. It considered the correct tests in reaching a decision. It was for the panel to decide what information it needed from the School’s representative and what weight to give to the evidence presented. The panel noted that even if Y had performed better in Maths, she still would not have met the School’s entry requirements. The panel considered the personal circumstances Mrs X presented, but decided the decision Y was not of the required standard was reasonable. That is a decision the panel was entitled to reach and there is not enough evidence of fault for us to question the panel’s decision.

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Final decision

16. We will not investigate Mrs 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