The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed in its duty to provide an appropriate school place for the complainant’s son. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council has failed to provide an appropriate school place for her son.
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.
The complainant has had the opportunity to comment on my draft decision.
My assessment
Miss B moved to the Council’s area and applied for a Year 3 school place for her son. The two schools for which she expressed a preference were full so the Council refused the applications. It advised Miss B of other schools for which she could apply. Miss B is critical of how long it took the Council to issue her with the application form.
Miss B appealed for a place at one of the schools. In support of her appeal, she set out the reasons for her refusal to accept a place at other schools. She did not attend the appeal hearing, so the appeal panel considered the appeal on the basis of her written evidence. It refused the appeal.
Miss B believes the panel failed to properly take her son’s circumstances into account and failed to give proper weight to her reasons for rejecting places at alternative schools.
School admission appeal panels must follow a two-stage decision making process when considering appeals. At 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.
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.
At Stage 2 the panel must balance the prejudice to the school against the appellant's case for the child to be admitted.
The Ombudsman will not investigate a decision just because someone disagrees with it. Appeal panels are entitled to reach their own views on the evidence before them and we do not question the merits of decisions which are properly made.
The minutes of the appeal hearing and the content of the decision letter both show that the panel considered the case Miss B made, including her contention that she may have been disadvantaged by the late issue of the application form. There is no evidence of fault in the way it did so. That being the case, we cannot criticise the decision the panel made or intervene to substitute an alternative view.
The evidence also shows that there are places at other schools available to Miss B. Whether she accepts them is a matter for her, but does not mean the Council is at fault.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman