Summary: Miss X complained about how the Council considered a school admissions appeal for Y. We find no fault with the process the Council followed to consider Miss X’s appeal.

The complaint

1. Miss X complains about the way the Council considered a school admissions application for her son, Y, and her subsequent appeal. Specifically, Miss X says she was unaware the Council did not receive her application until months after it was sent, failed to take account of Y’s medical needs, and the panel failed to consider the full evidence provided. Miss X says this caused frustration and distress and means Y is not at the right school for his needs.

Back to top

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)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

Back to top

How I considered this complaint

4. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
5. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Relevant law and policy

6. Statutory guidance about school admissions and appeals can be found in The School Admissions Code and School Admission Appeals Code. Both are published by the Department for Education. 
7. Under the system of coordinated admissions, parents make a single application for a school place to their home council. This is the council the parent pays their council tax to. 
8. All schools must have a set of admission arrangements containing oversubscription criteria. The school’s admission authority uses these to decide which children will receive an offer of a place if there are more applications than places available. The school’s admission authority sets the admission arrangements.  
9. A school’s admission arrangements must contain a Published Admission Number (PAN). This is the number of places the school will offer at each point of entry. The point of entry is when the school normally admits children. In an infant or primary school this is usually the reception year.  
10. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
11. Appeal hearings must be held in private and conducted in the presence of all panel members and parties. Appeal panels must act according to the principles of natural justice. 
12. A clerk supports the appeal panel. Parents can submit information in support of their appeal. 
13. The clerk must take an accurate record of the hearing, including the proceedings, attendance, voting and reasons for decisions. 
14. Appeal panels must either uphold or dismiss an appeal and must not uphold an appeal subject to any conditions. Appeals must be decided by a simple majority of votes cast. A panel’s decision that a child shall be admitted to a school is binding on the admission authority concerned. 
15. The clerk to the panel must write to the appellant, the admission authority and the council with the panel’s decision and reasons. 

What happened

16. I have summarised below some key events leading to Miss X’s complaint. While I have considered everything submitted, this is not intended to be a detailed account of what took place.
17. Miss X’s child was due to move to a secondary school in September 2025.
18. The Council wrote to Miss X in August 2024 advising her that school applications had to be made by 31 October 2024. The Council sent three reminders in October 2024 and explained that applying after this date would jeopardise the chances of getting a place in a preferred school.
19. On 15 November, the Council received Miss X’s application, dated 5 November. This gave no reasons for the late submission and named School A as first preference. Miss X explained Y had medical needs and School A was close to her work and family in case of an emergency.
20. Miss X’s application was considered after the applications that were received on time. As a result, the Council wrote to Miss X to explain Y had been allocated a space at School B.
21. Miss X appealed the Council’s decision. Miss X explained School B was too far away and was unsafe for Y due to his medical needs. Miss X included several supporting documents with her appeal, including supporting medical information.
22. The panel heard the appeal in early May 2025. The school made its case for not admitting more children, which included that it had already reached its PAN. Miss X also put forward her case for why she felt Y should be admitted to School A and the panel asked additional questions about her case.
23. The panel then balanced the arguments that had been made to decide whether further admissions to School A would prejudice the education of students already enrolled there.
24. The appeals clerk wrote to Miss X to explain her appeal had been rejected. The clerk explained the panel had considered all the evidence provided but Ms X’s arguments did not outweigh the prejudice to the school.

Analysis

25. Miss X has said she was unaware the Council had received her application late. However the application I have seen was dated after the deadline to apply with no reason to explain the delay. The Council had informed Miss X of the deadline in advance and issued reminders in the build up to this. I find no fault with the Council here.
26. The Ombudsman’s role is to consider whether the appeal panel followed the Admission Appeals Code correctly. We do this by examining the panel’s papers and the notes taken by the Clerk during the hearing. We do not have the power to overturn the panel’s decision, and we cannot give a child a place at a particular school. It is for the panel to decide what weight to give the evidence. As long as the panel properly considered the evidence put forward, the Ombudsman cannot say what conclusion the panel should have come to.
27. The clerk’s notes show the panel was satisfied the school had put forward a good case that the admission of another child would prejudice the efficient use of resources. The clerk’s notes of proceedings at the hearing and of the decision-making, and the panel’s decision letter, also show that panel members noted and understood the points Miss X put forward in her appeal case, including Y’s medical evidence, and took these into account in reaching their conclusions. The clerk’s notes of the appeal show the panel properly considered the case and as there was no fault in the way the panel reached its decision, I cannot question the panel’s decision to refuse the appeal.

Back to top

Decision

28. I find no fault with the Council’s actions and I have ended my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman