Summary: We have decided not to investigate Miss X’s complaint about the school admissions panel refusing her appeal. The Council upheld her complaint and has agreed to remedy the complainant’s injustice by completing a new appeal Further investigation by us would therefore not be proportionate.

The complaint

1. Miss X complained her school admission appeal did not follow the School Admission Appeals Code.
2. Miss X said the decision to not accept her appeal caused distress.
3. Miss X would like the Council to agree to a new appeal.

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The Ombudsman’s role and powers

4. 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).
5. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 applied for a school move for her child to School Q for the 2026/7 year. Miss X’s preferred school was at maximum capacity for the class size of 30. Miss X’s application was rejected, and she was advised that she may appeal.
9. Miss X appealed to the Council’s schools’ admissions appeals panel. It considered her appeal in July 2026. She told the appeal panel she wanted a place for reasons including:
• she had moved homes and the new home was nearer her preferred school.
• Safeguarding concerns if remaining with the current school.
• Travel to the current school impacting the family’s wellbeing and her child’s education.
10. The panel dismissed the appeal on the basis the class was at maximum capacity. A place at School Y was identified.
11. After the appeal Miss X made a complaint to the Council. She raised safeguarding concerns because of school Y’s location.
12. The Council upheld part of Miss X’s complaint and offered her a new appeal.
13. If we were to investigate and find fault in the appeal process a new appeal would be the likely suggested remedy. The Council has already agreed a new appeal for Miss X. This means our investigation has no worthwhile outcome.

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Final decision

14. We have decided to not investigate Miss X’s complaint about the school admissions appeal panel refusing her appeal. The Council has upheld Miss X’s complaint and will complete a new appeal, it would not be proportionate to investigate further.

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Investigator's decision on behalf of the Ombudsman