The Ombudsman's final decision
Summary: Mrs X complains the admissions appeal panel did not properly consider her son’s appeal for a grammar school place. We do not find fault in the way the panel considered the appeal.
The complaint
Mrs X complains the admissions appeal panel did not properly consider her son’s appeal for a grammar school place. Mrs X disagrees with the panel’s decision that her son could not cope with the pace and rigour of grammar school.
Mrs X says the decision has been very upsetting for her son and he has lost his confidence.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. 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 complaint 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) If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered Mrs X’s complaint and the appeal that was submitted to the panel. I also considered the clerk’s notes of the appeal hearing and the evidence submitted by the school.
Mrs X and the Council now have the opportunity to consider my draft decision. I will consider all comments before reaching a final decision.
What I found
What happened Mrs X’s son (Y) sat the entrance examination for a grammar school place at Year 11. He failed to achieve the pass mark by three points and the Council refused her application.
Mrs X appealed against the Council’s decision. She provided a copy of Y’s grade 4 drumming certificate, photograph of Y in his community football kit, school prospectus; bus route to and from the school and grade 1 certificate in music and arts. Mrs X also said that Covid-19 had impacted Y’s performance and he only had two weeks to prepare for the exam.
The independent appeal panel considered the information provided by Mrs X and took the view that there was insufficient evidence to show that Y met the necessary academic standard.
Mrs X believes the appeal process was unfair, as due to cyber attack her son’s school was unable to produce any reports. Mrs X now has a report form the school but says it still does not demonstrate Y’s true ability, as the test referred to were completed when Y was home schooling.
When hearing an appeal for an admission to school, the independent appeal panel must consider whether the admission arrangements comply with the law and were properly applied to the case. The panel must then consider whether admitting another child would prejudice the education of others. If the panel finds there would be prejudice the panel must then consider each appellant’s individual arguments. If the panel decides the appellant’s case outweigh the prejudice to the school, it must uphold the appeal.
The Ombudsman does not question the merits of decisions properly taken. The panel is entitled to come to its own judgement about the evidence it hears.
Mrs X chose to submit a written appeal and not attend a telephone appeal hearing. The clerk’s notes show the panel had access to Mrs X’s supporting statement and evidence. Having considered the cases made by Mrs X and the admission authority, it was for the panel to decide how much weight to give to the evidence before it.
The panel’s deliberations show it considered Y’s interests in music and sport and maths ability. The panel acknowledged that Y had just missed the pass mark. The panel noted it had no reports from Y’s current school or evidence of his academic abilities. On this basis the panel decided there was insufficient evidence to convince it that Y could cope with the pace and rigour of grammar school.
Appeal panels must take a view, based on the evidence, on whether the applicant meets the necessary academic standard. They are entitled to find that the evidence is insufficient, as the panel did in this case. There is no evidence of fault in the way the panel considered Mrs X’s appeal. That being the case the Ombudsman cannot criticise the decision or intervene to substitute an alternative view. I understand that Mrs X now has a report from Y’s school, however the panel can only consider the evidence available at the time.
Final decision
I have found no fault in the way the admissions appeal panel considered the appeal. I have completed my investigation on this basis.
Investigator's decision on behalf of the Ombudsman