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
Mrs X complained about an unsuccessful school admission appeal for her son.
Mrs X referred to other appeals which were successful and questioned the process followed to 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
Mrs X applied for her son (Y) to start secondary school in September 2024. The Council offered Y a place at Mrs X’s third choice of school. Mrs X appealed the decision not to offer Y a place at her second preference school (School Z).
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.
Mrs X’s appeal The clerk’s notes show the Council and School Z’s representatives presented their case. They explained how the Council had dealt with Mrs X’s application and why it had not offered Y a place at School Z. They explained the difficulties offering a place would cause. The panel and parents could ask questions.
Mrs X presented her case and explained why she wanted a place at School Z. Mrs X explained the difficulties it would cause if the panel did not offer Y a place.
The panel decided School Z’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause School Z prejudice. The panel decided the evidence put forward in support of Mrs X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School Z. The panel refused the appeal. The clerk’s letter explained the panel’s decision.
Assessment I understand Mrs X is unhappy the 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 the appeal.
In her complaint to the Ombudsman Mrs X said she did not expect School Z’s Headteacher to be at the appeal and did not understand their role. It is not unusual for a representative from the school to attend appeals. They are best placed to help present the case for refusing admission and to answer any questions which arise. The School Admission Appeals Code does not prevent this.
Mrs X also said she was unhappy the panel knew School Z was her second choice. Again, this is fairly typical, and the Appeals Code does not prevent this. Details of the application allow the panel to understand how the admission authority considered the original application.
Mrs X also complained other appeals were successful – including cases in previous years. Our role is to look at how the panel considered Mrs X’s appeal.
Based on the evidence available the panel considered all the information before it and reached a decision it was entitled to. It took into account information presented by School Z and Mrs X. I have not seen enough evidence the panel did not properly consider the appeal to warrant an investigation.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman