Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault

The complaint

1. Mrs X complained about an unsuccessful school admission appeal for her child. Mrs X says the appeal panel failed to comply with the relevant statutory code and provided insufficient evidence that admitting her child to the school would cause the school prejudice. Mrs X also says the appeal panel failed to consider and record her relevant individual circumstances and reasons. Mrs X would like the appeal to be reconsidered. She wants acknowledgement that misleading information was relied upon, insufficient evidence was considered and the panel’s reasons not properly recorded.

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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 Mrs X and the School as well as the Ombudsman’s Assessment Code.

My assessment

The Appeals Process

4. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
5. 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. 
6. 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. 
7. The clerk must take an accurate record of the hearing, including the proceedings, attendance, voting and reasons for decisions. 
8. 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. 
9. Appeal panels must allow appellants the opportunity to make oral representations.
10. 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. 
11. The clerk to the panel must write to the appellant, the admission authority and the council with the panel’s decision and reasons. 

The Appeal

12. Mrs X was invited to attend the appeal hearing and given the opportunity to present her case to the panel. The Clerk’s notes show the Presenting Officer and School’s Representative presented their case. They explained how the application had been dealt with and why the School had not offered Mrs X’s child a place. They explained the difficulties offering a place would cause. At stage two the panel considered Mrs X’s appeal based on her written and oral submissions.
13. The panel decided the School’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause the School prejudice. The panel decided the evidence put forward in support of Mrs X’s appeal was not strong enough to outweigh the prejudice admitting her child would cause. The panel refused the appeal. The decision letter sets out the reasons the appeal was refused.

Assessment

14. I understand Mrs X is unhappy her appeal was unsuccessful. We are not a right of further appeal and cannot question decisions when the proper process was followed and decisions were properly taken.
15. 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.
16. The panel considered all the information before it and reached a decision it was entitled to. I have not seen enough evidence the panel did not properly consider the appeal to warrant an investigation.

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Final decision

17. 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