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

1. The complainant, whom I shall refer to as Mrs X, complained about an unsuccessful school admission her appeal for her daughter (Y). Mrs X says the Council did not tell her the time of the appeal had changed meaning it was heard in her absence. Mrs X says she has no record of the appeals clerk trying to call her on the day of the appeal. Mrs X says the panel did not properly consider the information she sent in support of her appeal.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the School. I also considered information from the local Council as it arranged the appeal for the School.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mrs X was unhappy with the year 7 school place the Council originally offered her daughter (Y). Mrs X therefore submitted a late application for Y to attend Grays Convent High School (‘the School’). Because the School had already offered all its Year 7 places it refused Mrs X’s application. Mrs X appealed the decision not to offer Y a place.

The appeals process

6. 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

7. Mrs X did not attend her appeal and it was therefore heard in her absence. The panel considered Mrs X’s appeal based on the information she had sent. This included information about why Mrs X wanted Y to attend the School and her concerns about the school originally offered.
8. The panel decided the School’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause the School prejudice. The panel decided the evidence put forward in support of Y’s appeal was not strong enough to outweigh the prejudice admitting Y would cause the School. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

9. Part of Mrs X’s complaint is the Council did not tell her the time of the appeal had changed. This meant she could not attend the appeal. Mrs X says she had to confirm attendance when the Council wrote to her with the original appeal time. Mrs X says she did not confirm attendance for the revised time and so does not understand why the appeal went ahead.
10. In response to my enquiries the Council sent me all the appeal papers and letters and emails to Mrs X. I note the following:
• The original letter to Mrs X about her appeal said it would take place on 21 September at 12.30. There was no requirement to confirm attendance.
• One week later, the Council emailed Mrs X with the appeals schedule for 21 September. This said her appeal time had moved to 11.00. Again, there was no requirement to confirm attendance.
• Mrs X emailed the Council on the same day and said she would attend. “on the date and time confirmed.”
• The clerk’s notes show the appeal was due to start at 11.00. Mrs X was not present and the notes show the clerk tried to call her. The Council has sent me a screenshot of the calls made on the clerk’s phone. This shows two calls to Mrs X.
11. Based on the above we cannot say there was fault in the administration of the appeal. The Council told Mrs X the time of the appeal had changed. Mrs X replied to say she would attend. There was no reason for the Council to think Mrs X was not aware of the new time. We would expect the clerk to try and make contact if an appellant was not present at the scheduled time. The clerk did this. The panel was within its rights to proceed with the appeal. This is not a decision we will criticise.
12. Turning to the appeal itself I understand Mrs X is unhappy it 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.
13. 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.
14. The panel considered all the information before it and 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.

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Final decision

15. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman