The Ombudsman's final decision
Summary: We will not investigate this complaint that the Independent Appeal Panel failed to properly consider an appeal for a child’s school place. This is because it is unlikely we would find fault with how the panel reached its decision.
The complaint
The complainant, who I will call Miss X, complains that the Independent Appeal Panel (IAP) failed to properly consider her appeal for a school place for her daughter (Z).
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We cannot question whether an independent school admissions appeals panel’s decision is right or wrong simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. If we find fault, which calls into question the panel’s decision, we may ask for a new appeal hearing. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied for a school place for Z, who attended the nursery provision at the school (School Y). As the admissions authority received more applications than School Y had places available, it applied its oversubscription policy and refused Miss X’s application.
Miss X appealed against the decision. In support of the appeal, she set out why she felt the school was the most appropriate for Z’s needs and how attending another school would be detrimental to her. Miss X attended the appeal hearing which was held online and had an opportunity to provide verbal evidence to the IAP.
Having considered the arguments made by Miss Z and School Y’s representative, the school admission appeal panel decided to refuse the appeal. Miss Z believes this decision is unreasonable. She says the panel failed to properly consider the reasons for her appeal and discussed the wrong child during the hearing.
School admission appeals panels must follow the law when considering an appeal. The panel must consider whether: the admission arrangements comply with the law; the admission arrangements were properly applied to the case.
The panel must then consider whether admitting another child would prejudice the education of others. If the panel finds there would be prejudice the panel must then consider each appellant's individual arguments. If the panel decides the appellant's case outweighs the prejudice to the school, it must uphold the appeal.
The Ombudsman does not question the merits of decisions properly taken. The panel is entitled to come to its own judgment about the evidence it hears.
The clerk's notes of Miss X's appeal hearing show she was able to make her case and that the panel considered it. The evidence the Council provided shows why it believed further admission to the school would prejudice the delivery of education.
It was for the panel to decide how much weight to give to the evidence. Whilst Miss X says that the panel discussed the wrong child during the hearing, the clerks notes do not reflect this and the records show that the panel did consider Miss X’s appeal points properly. There is therefore no evidence of fault in the way the panel made its decision.
Without evidence of fault, we cannot criticise the decision the panel made, or intervene to substitute an alternative view. There are therefore no grounds to investigate the complaint.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman