Summary: Ms X complained how the independent appeal panel dealt with her appeal for a place for her daughter at her preferred secondary school. We find some fault in how the panel handled Ms X’s appeal. This means she cannot be satisfied the process was carried out fairly. The Council has agreed to apologise to Ms X and carry out a new appeal.

The complaint

1. Ms X complained how the independent appeal panel dealt with her appeal for a place for her daughter (Y) at her preferred secondary school. She says the panel did not fully consider the points she raised during the hearing.
2. Ms X says the matter has caused distress and upset.

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The Ombudsman’s role and powers

3. 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)
4. 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)

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How I considered this complaint

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

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What I found

Legal and administrative background

7. 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.
8. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.
9. Appeals must be held in private and conducted in the presence of all panel members and parties. The admission authority must provide a presenting officer at the hearing to present the decision not to admit the child and to answer questions about the school’s case.
10. Panels must follow a two-stage decision making process. 
11. Stage one: the panel examines the decision to refuse admission. The panel must consider whether: 

• The admissions arrangements complied with the mandatory requirements set out in the School Admissions Code; 
• The admission arrangements were applied correctly; and if 
• The admission of additional children would prejudice the provision of efficient education or the efficient use of resources.  

12. If a panel decides that admitting further children would “prejudice the provision of efficient education or the efficient use of resources” they move to the second stage two of the process.
13. Stage two: balancing the arguments. The panel must balance the prejudice to the school against the appellant’s case for the child to be admitted.
14. The clerk must take an accurate record of the hearing, including the proceedings, attendance, voting and reasons for decisions.
15. The appeal panel must write to the appellant, the admission authority and the council with its decision and the reasons for it. The decision letter must be easy to understand and must contain a summary of relevant factors raised by parties and considered by the panel. It must also provide clear reasons for the panel’s decision.

What happened

16. Ms X applied for Y to attend her preferred secondary school (School Y). However, the Council allocated Y a place at another school (School Z).
17. Ms X appealed. She said Y is academic and going to School Z would have a detrimental impact on her learning. She also said School Y is much closer to home than School Z. She said family members live near School Y, and Y was familiar with the area and so she could go there at the end of the school day. Finally, she said her stepdaughter had been accepted for a place at School Y and she was in the same school year as Y. Y attending School Z would mean Ms X would have to make different journeys in the morning.
18. An independent appeal panel considered Ms X’s case. School Y said it was oversubscribed, and admitting further children would create pressure with space and staffing.
19. Ms X then presented her case. She said she wanted Y to say with her peer group. She also said Y had issues with some of the children who would be attending School Z. She said she was concerned about Y travelling to School Z in winter because of the distance from home.
20. One member of the panel said other schools had vacancies and they asked whether Ms X had considered those. Ms X said no, and Y had made the decision she wanted to attend School Y.
21. The panel decided there were overcrowding issues at School Y, and health and safety could be compromised. It decided School Y had proved the case at stage one.
22. The panel refused Ms X’s case, because Y had received a reasonable alternative offer and there were vacancies at other schools.
23. The clerk issued a decision letter after the hearing. The letter states the panel was satisfied the admission authority had properly implemented its own published admissions arrangements and they were compliant with the law. The letter also says the panel considered Ms X’s reasons for choosing School Y, but they did not outweigh the prejudice to School Y.

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Analysis

24. I have considered whether the panel considered Ms X’s appeal in line with the School Admissions Appeals Code.
25. The clerk’s stage two notes are brief on the decision making and why the panel decided Ms X had not demonstrated a strong enough case to outweigh the prejudice to School Y. Ms X provided detailed reasons why she wanted Y to attend School Y during the hearing. The clerk’s note states a reasonable alternative had been offered, but there is no evidence to show how and why the panel came to that decision.
26. The decision letter sets out the points Ms X raised during the hearing, but it also does explain how and why the panel came to its decision.
27. The faults identified call into question the decision reached. This has caused Ms X an injustice as she cannot be certain her appeal was properly considered.

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Action

28. By 2 February 2026 the Council has agreed to:

• Apologise to Ms X for the uncertainty caused by how it considered her appeal.
• Arrange for Ms X’s appeal to be re-heard with a new panel and clerk. The appeal should be considered based on the admission figures when Ms X made her first appeal. This is to ensure Ms X is put back in the position she would have been in had her appeal been properly considered.

29. The Council should provide us with evidence it has complied with the above actions.

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Decision

30. There was fault by the Council, which caused Ms X an injustice. The Council has agreed to my recommendations and so I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman