Summary: We will not investigate Mr X’s complaint about the school’s admissions appeal panel refusing his appeal. It is unlikely we would find fault which caused Mr X to lose out on a school place for his daughter, B.

The complaint

1. Mr X complained the schools admission panel did not grant his child, B, a place. He said it did not consider the evidence he provided relating to B’s personal circumstances.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the appeal papers.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

The appeals’ process

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/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
7. 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. 
8. A clerk supports the appeal panel. Parents can give information in support of their appeal.
9. 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. 
10. Appeal panels must allow appellants the opportunity to make oral representations.
11. 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. 
12. The clerk to the panel must write to the appellant, the admission authority and the council with the panel’s decision and reasons. 
13. Panels must follow a two-stage decision making process. 
14. Stage 1: the panel examines the decision to refuse admission. The panel must consider whether: 
• the admissions arrangements complied with the mandatory requirements set out in the School Admissions Code; 
• the admission arrangements were applied correctly; and if 
• the admission of additional children would prejudice the provision of efficient education or the efficient use of resources.  
15. If a panel decides that admitting further children would “prejudice the provision of efficient education or the efficient use of resources” they move to the second stage of the process. 
16. Stage 2: balancing the arguments. The panel must balance the prejudice to the school against the appellant’s case for the child to be admitted.  

Analysis

17. I reviewed Mr X's appeal application, the clerk's record of the hearing and the panel's decision letter.
18. Our role is not to say the appeal panel’s decision wrong unless the decision was flawed in a way which could have affected the decision.
19. The Clerk’s notes show the appeal panel actively considered the points Mr X had made. It did not agree with him that the problems caused to B outweigh those School Y would have with one further pupil attending over its capacity.
20. The appeal panel’s provided a detailed decision letter which records the reasons Mr X gave the appeal panel for wanting a place. It clearly explained why it came to a unanimous decision on the matter.
21. It is unlikely we would find fault in the appeal panel’s decision based on the information I have seen which supports its decision. It is one Mr X does not agree with but is a decision it was entitled to take.

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Final decision

22. We will not investigate Mr X’s complaint because it is unlikely we would find fault in the appeal panel’s decision which has caused them to lose out on a place at School Y.

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Investigator's decision on behalf of the Ombudsman