Summary: We will not investigate Mr 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 Mr X, complained about an unsuccessful school admission appeal for his daughter. Mr X says the appeal panel failed to properly consider the information he provided, and its decision letter contained a significant error.

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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’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. The school Mr X would like Y to attend (School Z) 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 School Z will offer places. Mr X applied for Y to attend School Z.
6. The required standard in the Kent Test was 332 with no individual score in the test below 106. Y scored a total of 314 in the test – below the required score. Y also scored 91 in the English section – below the required score.
7. Y’s results in the Kent Test meant School Z did not offer her a place. Mr 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.

Mr X’s appeal

12. The clerk’s notes show that during the appeal, School Z’s representative presented their case. They explained how places had been offered. The panel and parents could ask questions.
13. In Mr X’s appeal he explained why he wanted Y to attend School Z. Mr X said he believed Y was of the required academic standard and her score in the English part of the Kent Test was not representative of her ability. Mr X referred to a recent bereavement in the family and other issues in the run up to the test. Mr X provided information about the standard Y was working at in her primary school. Mr X talked about Y’s religious beliefs and ethnic background. He explained his concerns about the school the Council had offered Y a place at and why he felt School Z was the best option.
14. The panel considered Y’s case. The panel decided School Z’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 Mr X is unhappy his 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 Mr X’s appeal. The panel considered the relevant tests set out in the School Admission Appeals Code.
17. The evidence shows Mr X had the chance to present his case in line with the written information he provided.
18. In his complaint to the Ombudsman, Mr X said the panel ignored the evidence he presented about Y’s ability and his concerns about the school offered. Mr X said the panel’s letter wrongly described Y’s ethnicity.
19. 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. While I understand Mr X is disappointed with the panel’s decision, the evidence I have seen shows it properly considered the appeal and the information presented.
20. The clerk’s decision letter is in line with the notes taken during the hearing. I note it refers to a “black and mixed-race society” in School Z, but it did not wrongly describe Y’s ethnicity.
21. Based on the evidence available there is not enough evidence of fault in how the panel considered Mr X’s appeal to warrant us investigating.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman