Summary: We will not investigate Mr X’s complaint about an unsuccessful appeal 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 appeal for a school place for his child, Y. Mr X says an incorrect home address was used on the school admissions application meaning his child was offered a place at a school closer to this address rather than at his preferred school. Mr X wants the appeal reconsidered.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

The appeals’ 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

Home address

18. The School Admissions Code states that only one offer per child must be made by the local authority. Therefore, only one address can be used to determine the outcome of an application. It says the admissions process is always concerned with the child’s actual residence, not the parent's administrative address. How the child’s home address is defined will be in the Council’s admission arrangements.
19. The Council’s admissions arrangements say where a child lives with parents who have shared responsibility and the child’s time is split equally between two homes, the address of the parent who receives child benefit will be used as a deciding factor of the child’s address and further proof, in order to establish the home address, could be requested.

The Appeal

20. Mr X applied for a place for his child, Y, at a preferred secondary school however was offered a place at a school closer to the address provided on the admissions application form.
21. Mr X appealed the decision on the grounds the incorrect address had been used on the admissions application. Mr X says his address should have been used rather than that of Y’s mother. He says he notified Y’s primary school of a change of address however it did not appear the change had been noted. Mr X says he lives very close to the preferred school meaning Y could walk to school independently and safely and make strong friendships with local children.
22. Mr X attended the appeal hearing along with Y’s mother and had the opportunity to present their case to the panel.
23. The Clerk’s notes show the Presenting Officer and School’s Representative presented their case. They explained how the application had been dealt with and why the school had not offered Mr X’s child a place. At stage two the panel considered Mr X’s appeal based on his written and oral submissions as well as the evidence he had submitted in support including documents evidencing Mr X’s address. The panel also noted Y’s mother was the recipient of child benefit.
24. The panel decided the school’s admission arrangements were lawful and had been properly applied.
25. The panel decided admitting a further child would cause the school prejudice. The panel therefore refused the appeal. The decision letter sets out the reasons the appeal was refused.

Assessment

26. I understand Mr X is unhappy his appeal was unsuccessful. We are not a right of further appeal and cannot question decisions when the proper process was followed and decisions were properly taken.
27. 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 the appeal.
28. The panel considered all the information before it and reached a decision it was entitled to. I have not seen enough evidence the panel did not properly consider the appeal to warrant an investigation.

Back to top

Final decision

29. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation by us.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman