Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault to warrant investigation.

The complaint

1. Miss X complains about the Council’s school admissions panel’s decision to refuse her appeal against the refusal of her application for a place for her son (Y). She says the panel did not read her son’s paperwork and did not take account of his disabilities.

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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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a place at their preferred school.
6. Appeals must follow a two-stage process. The first stage requires the panel to examine the decision to refuse admission. The panel must consider whether:
1. the admissions arrangements complied with the mandatory requirements set out in the School Admissions Code; 
2. the admission arrangements were applied correctly; and if 
3. the admission of additional children would prejudice the provision of efficient education or the efficient use of resources.
7. If the panel decides these tests are met it must balance the prejudice to the school from admitting another pupil against the prejudice caused to the child by not admitting them. If the panel decides the prejudice to the child outweighs the prejudice to the school it may overturn the decision and admit the child.

Y’s case

8. The Council provided Miss X with the relevant information for her appeal.
9. The school presented its case and the panel was satisfied the tests set out at Paragraph 6 were met.
10. Miss X made her appeal in writing and presented her case to the panel. She explained Y has medical and additional needs which make the school allocated unsuitable. She also said she has another son with additional needs who needs a high level of support, which she would struggle to manage if she were to have to take Y to the allocated school and pick him up. She felt her preferred school would provide the safest and most suitable environment for Y and had the support of his primary school in relation to the appeal.
11. The panel considered the school’s arguments against those made by Miss X but decided the prejudice to the school from admitting another child outweighed any prejudice that would be caused to Y from not admitting him. It therefore refused Miss X’s appeal.
12. I understand Miss X disagrees with the panel’s decision but we are not an appeal body and we cannot therefore question a decision when there is no evidence of fault in the way it was made.
13. The panel considered all the information before it and reached a decision it was entitled to. The clerk’s notes record the panel’s deliberations and the reasons for refusing the appeal match the decision letter provided to Miss X.
14. While I appreciate Miss X remains unhappy that her appeal was unsuccessful, I have seen no evidence of fault in the way it was reached.

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Final decision

15. We will not investigate this complaint. This is because there is not enough evidence of fault by the appeal panel.

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Investigator's decision on behalf of the Ombudsman