The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault.
The complaint
Miss X complained about an unsuccessful school admission appeal for her daughter. Miss X says the panel failed to properly consider her appeal.
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.
Background
Miss X is moving address and applied for her daughter (Y) to transfer to year 7 at School Z. This is the local school for Miss X’s new address. Because there were no places available in School Z, the Council refused Miss X’s application. Miss X appealed the decision not to offer Y a place at School Z. The Council offered Y a place at an alternative school before Miss X’s appeal hearing.
The appeals process Independent appeal panels must follow the law when considering an appeal. They need to consider if the school’s admission arrangements comply with the law, and if they were properly applied to the appellant’s application. They need to decide if admitting a further child would “prejudice the provision of efficient education or the efficient use of resources”. If they think it would, they need to consider if an appellant’s arguments outweigh the prejudice to the school.
Miss X’s appeal Miss X did not attend her appeal. The clerk’s notes show the Council presented their case. The panel asked questions. The panel considered information about School Z. The panel decided its admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause prejudice. The panel decided the evidence put forward in support of Miss X’s appeal was not strong enough to outweigh the prejudice admitting a further child would cause School Z. The panel refused Miss X’s appeal. The clerk’s letter explained the panel’s decision.
Assessment I understand Miss X is unhappy her appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions when the proper process was followed and decisions were properly taken.
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 and decide Miss X’s appeal. The panel 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.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman