Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel for us to be able to question its decision.

The complaint

1. Mr X complained about an unsuccessful school admission appeal for his 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mr X applied for Y to start year 7 at his preferred school (School B). Because there were more applications than places available, the Council refused Mr X’s application. It offered an alternative school. Y eventually took up a place close to School B. Mr X appealed the Council’s decision not to offer a place at School B.

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.

The appeal

7. The clerk’s notes show School B’s representative presented their case. They explained how the Council had dealt with Mr X’s application. They explained the difficulties offering further places would cause. The panel and parents could ask questions.
8. Mr X presented his case and explained why he wanted a place at School B. Mr X explained Y’s siblings had previously attended School B. Mr X said the Council had made a mistake in not offering Y a place at School B.
9. The panel decided School B’s admission arrangements were lawful and had been properly applied. They decided there were no errors with how Mr X’s application had been handled. The panel decided admitting a further child would cause the school prejudice. The panel decided the evidence put forward in support of Mr X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School B. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

10. We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
11. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider the appeal.
12. The panel considered all the information before it and reached a decision it was entitled to. It considered the information presented by School B and Mr X. This includes the key points raised in the appeal. The clerk’s notes record the panel’s deliberations and match the decision letter.
13. Mr X says the Council made a mistake with his application. The panel did not agree, and I have also not seen any evidence of this. When the Council considered Mr X’s original application it could not offer a place at either of his preferences. The Council offered a place at the nearest school with spaces. That is what should have happened.
14. While I understand Mr X is unhappy his appeal was unsuccessful, there is not enough evidence of fault by the panel for us to become involved. We will not therefore investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman