The Ombudsman's final decision
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 and so we cannot question the merits of the panel’s decision.
The complaint
Mrs X complained about an unsuccessful school admission appeal for her 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 school.
I considered the Ombudsman’s Assessment Code.
Background
Mrs X’s daughter (Y) is due to start secondary school in September 2022. Because there were more applications than places available at Mrs X’s preferred school (School Z) its oversubscription criteria were used to decide which children would be offered places. School Z did not offer Y a place and Mrs X appealed the decision.
The appeals process 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 Mrs X’s appeal was considered based on written submissions. Temporary legislation allowing this was introduced during the COVID-19 pandemic. Mrs X and the panel had the chance to submit questions before the panel met to consider the appeal. Mrs X submitted information showing why she wanted Y to attend School Z. Mrs X sent supporting information with her appeal.
The clerk’s notes show the panel’s deliberations. The panel considered information about School Z. The panel decided its admission arrangements were lawful and had been properly applied. The panel decided admitting a further child would cause prejudice. The panel decided the evidence put forward in support of Mrs X’s appeal was not strong enough to outweigh the prejudice admitting a further child would cause School Z. The panel refused Mrs X’s appeal. The clerk’s letter explained the panel’s decision.
Assessment I understand Mrs X is unhappy her 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 Mrs X’s appeal. The panel reached a decision it was entitled to. I have not seen any evidence the panel did not properly consider the appeal or the information Mrs X sent and presented.
There is not enough evidence of fault in how the panel decided Mrs X’s appeal for the Ombudsman to become involved. An investigation is not therefore appropriate.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman