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 son (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 Boys (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. Y had not met these criteria and so the School did not offer Y a place. Mrs X appealed the School’s decision.

Sixth form appeals

6. The School Admission Appeals Code (the Appeals Code) contains a section on appeals for admission to sixth forms.
7. 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

8. 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 explained how Y was close to the required standard. She provided information about what had happened in the run up to Y sitting his GCSEs. Mrs X had sent the panel information in support of her appeal.
9. 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 clerk’s letter explained the panel’s decision.

Assessment

10. 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.
11. In this case, the panel followed the process set out in the Appeals Code. The panel considered the information presented and reached a decision it was entitled to. It considered the correct tests in reaching a decision.
12. There is not enough evidence of fault in this case for us to question the panel’s decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman