The Ombudsman's final decision
Summary: The Ombudsman will not investigate Miss X’s complaint that the Council’s Schools Admissions Appeal Panel failed to provide her child with a place at School Y. It is unlikely the Ombudsman would find fault which caused them to lose out on a school place.
The complaint
The complainant, whom I shall call Miss X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her child, D, at School Y.
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 a 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) We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe: it is unlikely we would find fault, or the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the School.
I considered the Ombudsman’s Assessment Code.
My assessment
Background information Miss X applied for a place for her child, D, to start in September 2022 in year seven at School Y. It is not their nearest school, but a relative attends whom Miss X says can accompany D to the relative’s home, where she says D stays four nights a week, and will stay when Miss X is at work.
All the 270 places for September 2022 were allocated under the published admission criteria. The last place went to an applicant who lives much nearer to the school than Miss X. D was offered a place at School Z which is less than half a mile from their home and closer than School Y. It is around a mile and half from the family Miss X uses for childcare.
Miss X appealed the decision not to award a place at School Y for D, to an Independent Appeal Panel. The appeal was held virtually in June 2022. Miss X told the Appeal Panel that: D needed to be at School Y because it allowed D to walk with a relative on school runs when Miss X was working.
D had ADD and was not safe walking on their own to school.
They were worried about D’s mental health.
Miss X provided no evidence in support of her claims that D could not walk alone from the allocated school to her relatives. Nor of the agreement she has with the relative.
The Appeal Panel refused Miss X’s appeal and she complained to us. She disagrees with the Appeal Panel’s decision. She says she is worried about D’s wellbeing and safety.
The appeal panel and our role Independent Appeal Panels must follow the law when considering an appeal. The panel must consider whether the: admission arrangements comply with the law; admission arrangements were properly applied to the case; and admission of 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 outweighs the prejudice to the school, it must uphold the appeal. This means it can say a school is full but decide a child’s case is so compelling that it is more important to admit that child than prevent the effects to a school by having one more child.
We cannot question the decision if it has been properly taken. If the Panel has been properly informed, and used the correct procedure, then it is entitled to come to its own judgment about the evidence it hears.
The Appeal Panel’s detailed decision letter records the reasons Miss X gave the Appeal Panel for wanting a place.
It is unlikely we would find fault in the Appeal Panel’s decision based on the information I have seen which supports the Appeal Panel’s decision.
Final decision
The Ombudsman will not investigate Miss X’s complaint. This is because it is unlikely we would find fault which caused Miss X the injustice she alleges.
Investigator's decision on behalf of the Ombudsman