Summary: We will not investigate Ms X’s complaint about the independent appeal panel’s decision not to admit her daughter to the school. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains following her unsuccessful appeal for a place for her daughter at the school. She does not believe the independent appeal panel took account of her daughter’s exceptional circumstances. She believes her daughter is entitled to a place at the school.

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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 we 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), section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and her family.
6. Ms X explained why she believes her daughter should be admitted to the school.
7. We are not another appeal. We do not decide whether Ms X’s daughter should be given a place. This was the independent appeal panel’s job. Our role is to check the panel made its decision properly. We cannot question decisions taken without fault, no matter how strongly Ms X disagrees.
8. Ms X’s daughter is not entitled to a place at the school. The decision letter sent by the Clerk following Ms X’s appeal explains how the panel reached its decision not to admit her to the school. There is not enough evidence of fault to justify an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman