Summary: We will not investigate this complaint about school admissions. This is because any fault has not caused an injustice to the person who complained.

The complaint

1. Miss X complains that she was not provided with the same information for her child’s admissions appeal hearing as other families. She says she was also not made aware that she could submit additional information to the appeal panel.
2. She says this disadvantaged her and says she believes it had a negative impact on her appeal.
3. She would like her child to be offered a place at her school of choice or for another appeal to be heard.

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The Ombudsman’s role and powers

4. 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 any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We consider whether there was fault in the way a school admissions appeals panel made its decision. If there was no fault in how the panel made its decision, we cannot question the outcome. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X told the panel she had not received appeal papers in advance of the hearing. She was offered the opportunity to defer until later that day to give her time to read materials. Miss X was also told Headteacher’s letters were only considered if they concerned Special Educational Needs and Disabilities.
9. Miss X chose to continue.
10. The Clerk’s notes show that Miss X was able to make all the points in the Headteacher’s letter and ask questions regarding the information she had not received. The Panel discussed these aspects with her in detail. The Outcome letter also shows all Miss X’s arguments were properly considered.
11. I understand Miss X says she feels disadvantaged. However, as she was given opportunity to read the omitted materials and her arguments were fully considered I do not consider any fault caused injustice to her.
12. I understand Ms X disagrees with the outcome of the appeal and would like her child to be offered a place at the school. But there are limited circumstances when panels can uphold infant class size appeals. I am satisfied the Panel properly considered Ms X’s appeal before deciding not to overturn the Council’s decision not to offer Ms X’s child a place at the school.

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Final decision

13. We will not investigate Miss X’s complaint because any fault has not caused an injustice to the person who complained.

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Investigator's decision on behalf of the Ombudsman