Summary: We will not investigate Mr 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. The complainant, whom I shall refer to as Mr X, complained about an unsuccessful school admission appeal for his daughter (Y). Mr X says the panel failed to properly consider his case.

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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 his daughter (Y) to start year 7 in September 2025 at his preferred school (School B). Y’s sibling (Z) had joined School B to attend its sixth form. The Council originally offered Y a place at School B after it gave her priority due to Z attending the sixth form. It was then discovered Y should not have been offered a place at School B. This was because sibling priority does not apply if the sibling did not attend the school before they joined the sixth form. The Council therefore withdrew Y’s place at School B. It offered her the school place she should have received instead of the one at School B. The School Admissions Code allows places to be withdrawn when offered in error. Mr X appealed the decision not to offer Y a place at School B.
6. In his written appeal Mr X explained School B is close to home. He explained Z has special educational needs and it would help both children if they attended the same school. There would be logistical issues if Y had to attend a different school. Mr X explained he had concerns with the school the Council had offered a place at.

The appeals process

7. 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

8. The clerk’s notes show School B’s representative presented their case. They explained the difficulties offering extra places would cause. The panel and parents could ask questions.
9. Mr X had the chance to present his case. The information presented was in line with his written appeal. The panel asked questions.
10. The panel considered the information presented. The panel decided School B’s admission arrangements were lawful. They noted places had been offered in error but correctly withdrawn. 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

11. We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
12. The evidence I have seen shows the panel followed the proper process to consider the appeal.
13. 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.
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