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 by the panel for us to be able to question its decision.

The complaint

1. 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. Due to a change of address Miss X applied for her daughter (Y) to join year 8 at her preferred school (School Z). Because the school was full in year 8 the Council refused Miss X’s application. Miss X appealed the Council’s 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.

The appeal

7. The clerk’s notes show School Z’s representatives presented their case. They explained the difficulties offering a place would cause. The panel and Y’s parents could ask questions.
8. Miss X presented her case and explained why she wanted a place at School Z. She explained the size of School Z would suit Y. Miss X said there would be logistical issues if the panel did not offer Y a place. Miss X explained some of Y’s friends attended School Z and there was a family network close by. There was a further opportunity for questions.
9. The panel decided School Z’s admission arrangements were lawful and had been properly applied. They decided there were no errors with how Miss 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 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

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 Z and Miss 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. Miss X says Y’s application should be considered under the Council’s Fair Access Protocol. These protocols are designed to ensure unplaced children are offered places without delay. Fair Access Protocols operate outside the appeals process. I note this issue was discussed during the appeal. Now Miss X has moved into the Council’s area, it is for the Council to decide if it should consider her application under its Fair Access Protocol. Our focus in this case is how the panel considered the appeal.
14. While I understand Miss X is unhappy her appeal was unsuccessful, there is not enough evidence of fault by the panel for us to become involved. We will not therefore investigate.
15. Miss X will also have the right to make an application for a year 9 place starting in September 2026. If her application was refused there would be a fresh right of appeal.

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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