Summary: We will not investigate Mr X’s complaint about unsuccessful appeals for a school place. This is because there is not enough evidence of fault to warrant an investigation by us.

The complaint

1. Mr X complains about his unsuccessful appeals for a school place for his child at two schools, Y. Mr X says the Council failed to properly consider the exceptional circumstances he submitted. Mr X wants the appeals reconsidered.

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The Ombudsman’s role and powers

2. 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)).
3. If there was no fault in how the organisation 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

The appeal process

6. 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. 
7. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
8. 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. 
9. A clerk supports the appeal panel. Parents can give information in support of their appeal.
10. 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. 
11. Appeal panels must allow appellants the opportunity to make oral representations.
12. 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. 
13. The clerk to the panel must write to the appellant, the admission authority and the council with the panel’s decision and reasons. 
14. Panels must follow a two-stage decision making process. 
15. 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.  
16. 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. 
17. 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

The Appeal

18. Mr X applied for a place for his child, Y, at two preferred secondary schools however was offered a place at a school closer to the address provided on the admissions application form.
19. Mr X appealed the decisions on the grounds he would not be able to get his child to and from the allocated school as it is too far away from the home of his relative. Mr X says a medical condition affects his ability to take his child to and from school. He says he relies on support from family members. Mr X says his preferred schools are closer to home and would make it easier for relatives to help with school runs.
20. Mr X attended an appeal hearing for each of the appeals and had the opportunity to present his case to the panels.
21. For both appeals the Clerk’s notes show the Presenting Officers and School’s Representatives presented their cases. They explained how the applications had been dealt with and why the schools had not offered Mr X’s child either of the places. At stage two the panels considered Mr X’s appeals based on his written and oral submissions.
22. For both appeals the panel decided the school’s admission arrangements were lawful and had been properly applied.
23. For both appeals the panel considered the exceptional circumstances Mr X presented and decided admitting a further child would cause the schools prejudice. The panels explained to Mr X there are schools closer to his home with vacancies for his child which would make school runs easier for him to manage. Mr X stated he did not wish to consider these schools. The panels therefore refused the appeal for each school. The decision letters set out the reasons the appeals were refused.

Assessment

24. I understand Mr X is unhappy both of his appeals were unsuccessful. We are not a right of further appeal and cannot question decisions when the proper process was followed and decisions were properly taken.
25. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider both appeals.
26. The panel considered all the information before it and reached a decision it was entitled to in both appeals. I have not seen enough evidence the panel did not properly consider the appeals to warrant an investigation by us.

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Final decision

27. We will not investigate Mr X’s complaint about two appeals because there is not enough evidence of fault in either appeal to warrant an investigation by us.

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Investigator's decision on behalf of the Ombudsman