The Ombudsman's final decision
Summary: The Ombudsman will not investigate Mr X’s complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault and so we cannot question the merits of the panel’s decision.
The complaint
Mr X complained about an unsuccessful school admission appeal for his daughter.
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
In July 2021, Mr X applied to the Council for a Year 1 place for his daughter (Y) for the 2021/22 academic year. The Council could not offer a place at any of Mr X’s preferred schools. At the time, Y was a student at a private school.
In January 2022, Mr X added School Z to his application. In March 2022, the Council offered Y a place at School Z. The Council then withdrew the place because it said Mr X did not respond to the offer.
Mr X again asked the Council to offer Y a place at School Z. But because it had offered the place to the next child on the school’s waiting list, the Council refused Mr X’s application. Mr X appealed the decision.
The appeals process Independent school admission appeal panels must follow the law when considering an appeal. The law says the size of an infant class must not be more than 30 pupils per teacher. There are only limited circumstances in which more than 30 children can be admitted. There are special rules governing appeals for reception and years 1 and 2, where admitting another child would mean there would be more than 30 pupils per teacher. Appeals under these rules are known as “infant class size appeals”. The rules say the panel must consider whether: admitting another child would breach the class size limit; the admission arrangements comply with the law; the admission arrangements were properly applied to the case; the decision to refuse a place was one which a reasonable authority would have made in the circumstances.
What is ‘unreasonable’ is a high test, and for it to be met, the panel would need to be sure the decision to refuse a place was “perverse” or “outrageous”. For that reason, panels rarely find an admission authority’s decision to be unreasonable. Mr X’s appeal for Y was governed by infant class size legislation.
Mr X’s appeal The clerk’s notes show the Council and Mr X had the chance to present their cases. The panel considered information about the school. The panel decided the school’s admission arrangements were lawful. The panel asked questions and established that even if Y had been added to the school’s waiting list in August 2021, she would not have been offered a place before March 2022.
The panel considered the efforts the Council had made to establish if Mr X wanted the place it offered in March 2022. It considered Mr X’s reasons for not responding to the offer. But it decided there were no errors by the Council which meant Y had been denied a place at the school. The panel decided the Council had properly applied School Z’s admission arrangements.
The panel decided it was not an unreasonable decision to refuse admission. The panel decided that none of the grounds for allowing an infant class size appeal had been met. The clerk’s letter explained the panel’s decision.
Assessment I understand Mr X is unhappy his appeal was unsuccessful. But we are not a right of further appeal and cannot question decisions which 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 Mr X’s appeal. The panel reached a decision it was entitled to.
There is not enough evidence of fault in how the panel decided Mr X’s appeal for the Ombudsman to become involved. An investigation is not therefore appropriate.
Final decision
The Ombudsman will not investigate Mr X’s complaint. This is because there is not enough evidence of fault and so we cannot question the merits of the panel’s decision.
Investigator's decision on behalf of the Ombudsman