Summary: We will not investigate Miss X’s complaint about the outcome of a school admissions appeal panel. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complained the school admission appeal panel (the “panel) failed to properly consider her appeal regarding her child, Y. Miss X said although her application was submitted late and the school was already over its planned admission number, the panel did not properly consider Y’s individual needs.
2. Miss X said this caused emotional distress and concerns for Y’s future education and wellbeing. She wanted the panel’s decision to be reviewed.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processed an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision an organisation made.
7. The admission appeal decision letter explained the evidence the panel considered, and comments provided by Miss X. The letter also noted that Miss X’s application for Y was submitted late and that the school was already over its planned admission number of students.
8. The panel considered the relevant information and Y’s individual needs and wellbeing as part of Miss X’s appeal. However, it decided these did not outweigh the prejudice that would arise by admitting Y to the school. Consequently, we will not investigate this complaint as there is not enough evidence of fault.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman