Summary: We will not investigate Miss 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. Miss X complained about an unsuccessful school admission appeal for her son (Y). Miss X questions if the panel properly considered her appeal as it lasted for less than the allotted time. Miss X refers to a lack of questions from the panel.

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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 Cardinal Newman School (‘Cardinal Newman’ / ‘the School’).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Miss X applied for her son (Y) to start year 7 in September 2025 at Cardinal Newman. Because there were more applications than places available, the School used its oversubscription criteria to decide which children it would offer places. Cardinal Newman did not offer Y a place. The Council offered a place at an alternative school. Miss X appealed the decision not to offer Y a place at Cardinal Newman.

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 why the School had not offered Y a place. They explained the difficulties offering a place would cause. The panel and parents could ask questions.
8. Miss X presented her case and explained why she wanted Y to attend the School. It was close to home and a good school. Some of Y’s friends would attend and there would be logistical issues if the panel did not offer Y a place.
9. The panel decided the School’s admission arrangements were lawful and had been properly applied. They decided there were no errors with the handling of Miss X’s application. The panel decided admitting a further child would cause the School prejudice. The panel decided the evidence put forward in support of Miss X’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. The panel considered all the information before it and reached a decision it was entitled to. It considered the information presented by the School and Miss X. This includes the key points raised in the appeal. The clerk’s notes record the panel’s deliberations and match the decision letter. This explained the panel’s decision.
13. Miss X says the appeal did not last as long as she expected. But there is no minimum time for school appeals and the clerk’s notes show it lasted 25 minutes. Miss X had the chance to present her case which was in line with her written appeal. Panel members do not have to ask questions, but the clerk’s notes do show several questions were asked. There is not enough evidence of issues with the process which would allow us to question the panel’s decision.
14. While I understand Miss X is unhappy her 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 Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman