Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. There is not enough evidence of fault by the school admissions appeal panel to warrant investigation.

The complaint

1. The complainant, Miss X, complains about an unsuccessful school admissions appeal for her child. Miss X says the Education Appeal Panel (the Panel) did not properly consider her child’s Special Educational Needs (SEN). Miss X says she and her child are experiencing uncertainty and distress about which school her child will attend from September 2026.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the School.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

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 have the right to appeal an admission authority’s decision not to offer their child a school place. School admissions appeals panels must take into account parents’ reasons for expressing a preference for the particular school. Panels must decide whether the needs of the child outweigh any prejudice to the school of admitting them
7. The School is a Voluntary Aided high school and is therefore the admission authority. It refused Miss X’s application for a place for entry in September 2026. Miss X appealed this decision.
8. The case documents show that Miss X was able to make written submissions and attend the appeal hearing in person. The evidence shows the Panel considered all the reasons Miss X put forward about why the school was best suited to meet her child’s needs. This included documents submitted by Miss X about her child’s SEN.
9. The Panel decided the evidence put forward in support of Miss X’s appeal was not strong enough to outweigh the prejudice admitting her child would cause the school. The Panel refused the appeal. The Panel decision letter explained the Panel’s decision.
10. Miss X disagrees with the Panel’s decision but there is no evidence of fault in the way the panel members considered Miss X’s reasons and used their judgement. That being the case, the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.

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Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault on the school admissions panel’s part.

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Investigator's decision on behalf of the Ombudsman