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 appeal for her daughter. Mrs X says the panel failed to properly consider her reasons for wanting a place at her preferred school.

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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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

5. Mrs X’s daughter (Y) was due to start school in September 2023. Mrs X submitted a late application for a place. This meant the Council could not offer Y a place at Mrs X’s preferred school (School Z). Mrs X appealed the decision.

The appeals process

6. The School Admission Appeals Code (the Code) sets out the law for school admission appeals. Independent appeal panels must follow the law when considering an appeal.
7. The appeal panel needs 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

8. Y’s father (Mr X) attended the appeal. Mr X arrived late and so the appeal had been heard in his absence. The panel had not decided the appeal, so it agreed to hear Mr X’s appeal again.
9. The clerk’s notes show the Council’s representative presented their case. They explained how places had been offered and the problems it would cause if other children were admitted to School Z. They explained Y had not been offered an alternative school place due to a lack of places in the area. The Council could offer an alternative school, but it would be some distance away. The Council was hoping for places to become available at another local school.
10. The panel and appellants could ask questions. Mr X presented his case. He explained why he wanted Y to attend School Z and the problems it would cause if she could not attend.
11. The panel decided School Z’s admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause prejudice. The panel noted Mr and Mrs X had only been provided with limited information about their right to appeal. But the panel decided this had not disadvantaged them enough to offer a place. 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 School Z. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

12. I understand Mrs X is unhappy the appeal for Y 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 and decide the appeal.
14. The panel considered all the information before it and reached a decision it was entitled to. While I know Mrs X disagrees with the panel’s decision, that is not evidence of fault. 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