Summary: We will not investigate Miss X’s complaint about an unsuccessful appeal for a school place. This is because an investigation would be unlikely to find fault.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about an unsuccessful school admission appeal for her daughter. Miss X says the panel discriminated against her daughter because she receives free school meals and has special educational needs.

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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 School.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Miss X’s daughter (Y) sat the Kent Test. This is used to decide which children will be offered places at selective (or grammar) schools in the Council’s area. Maidstone Grammar School for Girls (the School) is a selective school. It therefore uses the Kent Test results to decide if children are of the required academic standard to attend. Test results, combined with the School’s oversubscription criteria, are used to decide which children the School will offer places. Miss X applied for Y to attend the School.
6. The required score was 332 with no individual score in the test below 106. Y scored 309 in the test – below the required score. Y also scored 101 in the Maths section of the test and 101 in the English section – both below the required score.
7. Y’s results in the Kent Test meant the School did not offer her a place. Miss X appealed this decision.

The appeals process

8. 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.
9. In appeals for selective schools, the panel needs to decide if the appellant’s child meets the necessary academic standard. If they decide this is not the case, then the panel cannot uphold the appeal.
10. If the child meets the academic standard and the panel decides the school can offer them a place without it causing ‘prejudice’ to the school, then they must offer a place.
11. If the child meets the academic standard and the panel decides the school cannot offer a place without it causing ‘prejudice’ to the school, they need to balance the appellant’s case against the prejudice to the school.

Miss X’s appeal

12. The clerk’s notes show that during the appeal, the School’s representative presented their case. They explained how places had been offered. The panel and parents could ask questions.
13. In Miss X’s appeal, she explained why she wanted Y to attend the School. Miss X said she believed Y was of the required academic standard but had not performed well on the day of the test. Miss X said Y had been diagnosed with ASD and the family had lived in temporary accommodation in the run-up to the test. Miss X explained Y’s sibling attended the School. Miss X supplied information from Y’s primary school in support of her appeal.
14. The panel considered Y’s case. The panel decided the School’s admission arrangements were lawful and had been properly applied. The panel decided there was not enough evidence to show Y was of grammar school ability. The panel refused the appeal and the clerk’s letter explained the decision.

Assessment

15. I understand Miss X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which were properly taken.
16. The evidence I have seen shows the panel followed the proper process to consider and decide Miss X’s appeal. The panel considered the relevant tests set out in the School Admission Appeals Code.
17. The evidence shows Miss X had the chance to present her case in line with the written information she provided.
18. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel considered all the information presented. It is for the panel to decide the weight it gives to each piece of evidence. The panel balanced the evidence presented and reached a decision it was entitled to take. The clerk’s decision letter is in line with the notes taken during the hearing.
19. Miss X says her daughter was discriminated against because she receives free school meals and has SEN. I have seen no evidence of this. Miss X has also said that at the appeal it was mentioned that a score of 100 in each element of the test was the required ‘benchmark’. I note the appeal papers refer to students struggling to access the School’s curriculum if they score less than 100 in any of the test’s elements. But the scores required for a child to be of grammar school ability are clear. Y did not achieve these scores, and the panel did not consider there to be enough evidence to show she was of grammar school ability. That was the key question for the panel to consider, and it was for this reason the panel refused the appeal. It did so without enough evidence of fault to warrant us investigating.

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Final decision

20. We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman