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. Miss X complains about an unsuccessful school admissions appeal for her child. Miss X says the Independent Appeal Panel (the Panel) did not properly consider her family’s exceptional circumstances, and its decision letter did not explain why it considered those insufficient for it to give a school place. Miss X says she and her child are experiencing significant emotional distress because of uncertainty 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code and statutory guidance about school admissions and appeals.

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My assessment

6. 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. 
7. Parents have the right to appeal against an admission authority’s decision not to offer their child a school place. At Stage 1 of the appeal, school admissions appeal panels must decide whether the admission arrangements complied with the law and were correctly applied. They must also consider whether admitting another child would harm the education of other pupils or put too much pressure on the school’s resources. At Stage 2, 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.
8. The Council, as admission authority for Miss X’s preferred school, refused her application for her child to enter in September 2026. Miss X appealed this decision.
9. The case documents show Miss X was able to make written submissions and attended and spoke at the appeal hearing. There is no indication of fault in the way the Panel considered Stage 1 of her appeal.
10. The evidence shows that at Stage 2 the Panel considered all the reasons Miss X put forward about why the school was best suited to meet her child’s needs. 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 did not explain how it weighed each individual factor put forward by Miss X. However, that in itself did not undermine the decision. On balance, I am satisfied the evidence shows the Panel considered all relevant circumstances and reached its decision properly.
11. Miss X disagrees with the Panel’s decision but there is no evidence of fault in the way 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

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Panel.

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Investigator's decision on behalf of the Ombudsman