Summary: We will not investigate Mrs 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. The complainant, whom I shall refer to as Mrs X, complained about an unsuccessful school admission appeal for her daughter (Y). Mrs X questions if the panel properly consider her appeal or whether it gave too much weight to certain information presented by the School.

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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 Archbishop Beck Catholic College (Archbishop Beck / the School).
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mrs X applied for Y to transfer to year 8 at Archbishop Beck. Because the School was full in year 8 it refused Mrs X’s application. Mrs 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.

Mrs X’s appeal

7. The clerk’s notes show the School’s representatives presented their case. They explained the difficulties offering a place would cause. The panel and parents could ask questions.
8. Mrs X presented her case. Mrs X explained the difficulties Y was having at her current school. Mrs X explained the family had moved and Archbishop Beck was much closer than Y’s current school. Mrs X also wanted her younger children to attend Archbishop Beck. 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. The panel considered all the information before it and reached a decision it was entitled to. It considered the information submitted by Mrs X and presented by the School and Mrs X. This includes the key points raised in the appeal. The clerk’s notes show the panel balanced Mrs X’s case against the prejudice to the school admitting a further child would cause. The clerk’s notes record the panel’s deliberations and match the decision letter.
13. In her complaint to the Ombudsman Mrs X referred to the panel potentially placing too much emphasis on certain issues such as the number of children with SEN and the School’s budget. But it is for the panel to decide the weight it applies to the evidence presented.
14. While I understand Mrs 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 Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman