Summary: We will not investigate Mrs 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 Mrs X, complained about an unsuccessful school admission appeal for her son (Y).

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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 Dover Grammar School for Boys (‘Dover Boys’ / ‘the School’).
4. I considered the Ombudsman’s Assessment Code.

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What I found

The appeals process for grammar schools

5. 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.
6. In appeals for grammar / 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.
7. 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.
8. 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.

Background

9. Mrs X’s son (Y) sat the selection test for Dover Boys and achieved the required mark to be considered of grammar school ability. Mrs X was planning on moving address. The deadline for the Council to take into address changes when offering places was 12 December 2024. Mrs X moved in January 2025, so her application was considered from her old address. Because of the distance from Mrs X’s old address to the School, it did not offer Y a place. Mrs X appealed the School’s decision.

Mrs X’s appeal

10. The clerk’s notes show that during the appeal, the School’s representative presented their case. They explained how places had been offered. The panel and parents could ask questions.
11. In Mrs X’s appeal she explained why she wanted Y to attend the School and provided details of her address change. If Mrs X had moved earlier then Dover Boys would have offered Y a place. Y had always wanted to attend the School.
12. The panel considered Y’s case. The panel decided the School’s admission arrangements were lawful and had been properly applied. The panel decided there had been no errors with the handling of Mrs X’s application. The panel decided that admitting Y would cause the school greater prejudice than refusing the appeal. The panel therefore dismissed the appeal.

Assessment

13. I understand Mrs X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which were properly taken.
14. The evidence I have seen shows the panel followed the proper process to consider and decide Mrs X’s appeal. The panel considered the relevant tests set out in the School Admission Appeals Code.
15. The evidence shows Mrs X had the chance to present her case in line with the written information she provided.
16. 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. Its decision not to uphold the appeal was made in line with the decision-making process set out in the Appeals Code.
17. Based on the evidence available there is not enough evidence of fault in how the panel considered Mrs X’s appeal to warrant us investigating.

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Final decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman