Summary: We will not investigate this 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 son (Y). Mr X says the panel failed to properly apply the school’s admissions policy which gives priority on medical grounds.

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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 Gosforth Central Middle School (the School).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mr X applied for his son to transfer to year 7 at the School. Because it was already over its Published Admission Number (PAN) the School refused Mr X’s application. Mr X appealed the decision not to offer Y a place.

The appeals process

6. 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

7. The clerk’s notes show the School’s representative presented their case. They explained the difficulties offering a place would cause. The panel and parents could ask questions.
8. Mr X presented his case, which was in line with his written appeal. Mr X explained Y had been home educated since September 2024. He explained Y suffered from a condition made by worse by emotional stress and suffered from anxiety and depression. Mr X explained he has his own medical problems. Mr X said the School was local, easily accessible, and has a strong pastoral system. As a middle school, it would be less overwhelming for Y. There was a further opportunity for questions.
9. The panel did not identify any issues with the School’s admission arrangements or how they had been applied. The panel decided admitting a further child would cause the school prejudice. The panel decided the evidence put forward in support of Y’s appeal was not strong enough to outweigh the prejudice admitting Y would cause the School. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

10. We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
11. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider the appeal.
12. Mr X says the panel failed to properly apply the School’s admission arrangements which give priority to students on medical grounds. But this is part of the School’s oversubscription criteria. These are used to decide which children will be offered places in the event of their being more applications than places available. In this case, the school was full, and so the oversubscription criterion assigned would have no impact on a place being offered. The only impact could be on waiting list position. The panel also considered the Governor’s decision not to assign medical priority to Y and found no fault with this decision.
13. The panel considered all the information before it and reached a decision it was entitled to. It considered the information submitted by Mr X and presented by the School. 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 the 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