Summary: We will not investigate Mrs X’s complaint about the Council’s school’s admissions appeal panel refusing her appeal. It is unlikely we would find fault which caused Mrs X to lose out on a school place.

The complaint

1. Mr X says the Council’s school’s admissions appeals panel should have granted her child, D, a place at School Y.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, section 34(3), as amended).

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How I considered this complaint

3. I considered information provided by Mrs X and the appeal papers.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

The appeals’ process

5. 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. 
6. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
7. Appeal hearings must be held in private and conducted in the presence of all panel members and parties. Appeal panels must act according to the principles of natural justice. 
8. A clerk supports the appeal panel. Parents can give information in support of their appeal.
9. The admission authority must provide a presenting officer at the hearing to explain the decision not to admit the child and to answer questions from the appellant and panel. 
10. Appeal panels must allow appellants the opportunity to make oral representations.
11. Appeal panels must either uphold or dismiss an appeal and must not uphold an appeal subject to any conditions. Appeals must be decided by a simple majority of votes cast. A panel’s decision that a child shall be admitted to a school is binding on the admission authority concerned. 
12. The clerk to the panel must write to the appellant, the admission authority and the council with the panel’s decision and reasons. 
13. Panels must follow a two-stage decision making process. 
14. Stage 1: 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.  
15. 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 of the process. 
16. Stage 2: balancing the arguments. The panel must balance the prejudice to the school against the appellant’s case for the child to be admitted.  

Events in this case

17. Mrs X applied for her place for her child, B, to attend the School year three. The School has an intake of 60 new pupils into year three. There were more applicants than places. Mrs X missed out on distance. The last place was allocated to an applicant who lived 5kms closer to the School than she did. The Council allocated B a place at School Y.
18. Mrs X appealed the School’s decision to refuse her a place. She told the appeal panel, in summary:
• This School was in line with the family’s values.
• They believed this School met B’s needs better than any other school.
• It would be easier logistically for B to attend this School.
• They do not like the allocated school.
• Not getting a place had made B anxious.
19. The appeal panel dismissed the appeal.
20. Mrs X disagrees with this decision. She says they are soon to move closer to the School. She says they will have to home school if they do not get a place at this School.

Analysis

21. It is clear from the appeal panel’s decision letter the appeal panel actively considered the case before making its decision. It is unlikely we would find fault in the appeal panel’s decision based on the information I have seen which supports its decision. It is a decision it was entitled to take.

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Final decision

22. We will not investigate Mrs X’s complaint because it is unlikely we would find fault in the appeal panel’s decision which has caused them to lose out on a place at this school.

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Investigator's decision on behalf of the Ombudsman