Summary: Mr X complained about the way the independent school admissions appeal panel considered his daughter-in-law’s (Ms Y’s) appeal against the refusal of a place for her son at her preferred school. We do not find fault in the way the panel considered the case and therefore we are closing the complaint.

The complaint

1. Mr X complained on behalf of his daughter-in-law (Ms Y) in respect of the way an independent school admissions appeal panel considered Ms Y’s appeal against a refusal of a place for her son (Z) at the preferred school (School B).
2. We have Ms Y’s consent for Mr X to pursue the complaint.
3. Mr X says that the refusal of a place at School B has caused significant distress and avoidable anxiety for Z who is now placed at a school, which is more difficult for him to get to, and he is not at the same school as most of his friends from primary school. Mr X says that Z is an anxious boy who has relied on his friends for support.
4. Mr X says Ms Y feels let down because they moved into the catchment area of School B and are closer to School B than to the allocated school.

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The Ombudsman’s role and powers

5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
6. We cannot question whether an independent school admissions appeal 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)
7. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended).
8. 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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What I have and have not investigated

9. I have investigated the way the independent school admissions appeal panel considered Ms Y’s appeal for a place at her preferred school, School B.
10. I have not considered any concerns about the initial allocation of school places.

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How I considered this complaint

11. I considered evidence provided by Mr X and by the Council as well as relevant law, policy and guidance, set out below.
12. I have seen Ms Y’s written appeal, including a supporting letter from Z’s primary school, the clerk’s notes of the appeal and the appeal decision letter.
13. Mr X sent further evidence from Z’s General Practitioner (GP), dated May 2025, highlighting Z’s anxiety and the cause of this.
14. I issued a draft decision statement to Mr X and the Council and have taken into consideration any additional points before reaching my final decision.

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What I found

Legal and administrative background

15. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  A clerk supports the appeal panel. Parents can submit information in support of their appeal. The clerk must send all papers required for the hearing a reasonable time before the date of the hearing. This includes information from the appellant and the admission authority. 

The appeals process

16. 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.

Facts of this case

17. Z attended a local primary school. In October 2024, Ms Y applied for four secondary schools. School B was the preferred choice. At the time of the application, Ms Y did not refer to any social/medical reason to support the preference.
18. In March 2025, a place was offered for Z at a secondary school which Ms Y had not requested. The place was accepted. In the meantime, Ms Y requested to appeal against the refusal of a place at School B.

The appeal

19. School B is its own admission authority, but places are offered by the Council on behalf of the governing body of School B. There were 619 applications for admission at Year 7.
20. 186 places were allocated in accordance with School B’s admission criteria. It stated that it would be prejudicial to the provision of efficient education or the efficient use of resources to admit further pupils. Z lives just outside the catchment area.
21. Ms Y submitted a written appeal. She referred to Z’s anxiety which would be increased by having to travel by public transport to the allocated school, whereas if admitted to School B, Z’s father could take him. Ms Y also referred to the fact that many of Z’s friends had places at School B whom he relied upon. Ms Y explained that she was appealing on social and anxiety grounds.
22. As part of Ms Y’s appeal, she submitted a letter from Z’s primary school Head who fully supported the appeal. There was no other supporting evidence presented to the appeal panel.
23. The independent appeal panel considered the appeals for School B in mid-June 2025. I have seen the clerk’s notes of Ms Y’s submission.
24. The clerk noted that the journey to School B was convenient and that Z’s father had been unwell. The clerk noted that Z relied upon his friends from his primary school for support. The clerk noted that there was no formal diagnosis of Z’s anxiety. It was noted that the parents liked the ethos of the school and that they did live near to the school.
25. The clerk also noted that Z was a part of a football team, but this was not part of School B.
26. At the appeal hearing, Ms Y explained about Z’s father’s illness and how this had adversely affected Z. She also said that she had taken Z to his GP who had said that Z would benefit from pastoral care. Ms Y explained that they had moved into the area to be close to School B and that the allocated school was further away.
27. In early July 2025, the clerk to the panel wrote to Ms Y with its decision. The letter explained that the panel “carefully considered everything that was presented to them in writing and orally at the hearing”.
28. The decision letter explained that the panel was satisfied that the admission criteria had been applied correctly, and that Z lived just outside the catchment area. The panel also considered whether a further admission to School Z would prejudice the efficient provision of education. The letter set out in detail why the panel considered the admission of a further pupil would cause prejudice to the education at School B.
29. The letter explained that the panel had considered whether Ms Y’s case outweighed the school’s case. The letter summarised Ms Y’s grounds for the appeal. But it concluded the grounds did not outweigh the school’s case.
30. Mr X considers there are many unanswered questions and we should investigate further.

Findings

31. We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
32. The evidence I have seen shows the panel followed the proper process to consider the appeal. Each party had the chance to provide evidence, present their cases, and there were opportunities for questions.
33. The panel considered all the information presented and reached a decision it was entitled to. It considered the information presented by School B and by Ms Y. This included the key points raised in the appeal. The clerk’s notes record the panel’s deliberations and match the decision letter.
34. I recognise that Mr X has provided a letter from Z’s GP dated May 2025 referring to Z’s anxiety and the reasons. But I cannot see that this letter was presented to the panel. Moreover, I am satisfied that the panel was fully aware of Z’s anxiety and was aware that this was a primary reason for Ms Y wanting Z to be allocated a place at School B. The panel was aware of Z’s father’s illness and the adverse impact that this had had on Z.
35. Accordingly, I consider the panel had all the relevant information on which to base its decision. I therefore find that there was no fault in the way the appeal panel dealt with this case.

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Decision

36. I find no fault. Therefore, I have completed my investigation and am closing the complaint.

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Investigator's decision on behalf of the Ombudsman