The Ombudsman's final decision
Summary: A parent complained that the selection test for grammar school entry which her son sat was badly organised and he underperformed in the test as a result. But we will not investigate this matter because the parent will have a right of appeal to an independent appeal panel if her son is refused a place at her preferred grammar school.
The complaint
The complainant, who I shall call Mrs B, complained about the arrangements for the grammar school selection test taken by her son (‘C’). In particular Mrs B complained that the start of the test was delayed by two hours, communications with parents were poor, the test environment was not kept calm and invigilators acted unprofessionally. Mrs B said C’s test performance suffered as a result, which has reduced his chances of gaining a place at her preferred grammar school. In the circumstances she wanted the Council to consider awarding a 10% uplift to test scores.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6)) The law says we normally cannot investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) School admission appeal panels are independent tribunals which consider appeals about refusals of applications for school places.
How I considered this complaint
I considered the information Mrs B provided with her complaint. I also considered the Ombudsman’s Assessment Code.
My assessment
Where a child is thought to have underperformed in the Council’s grammar school selection test, the parent can ask for a review of the test score by the Council’s Head Teacher Review Panel.
Where a review is pending, parents can continue with their application for a secondary school place for their child, including any grammar schools they wish to apply for. Parents can continue with their application for a grammar school regardless of the outcome of the review.
Where a parent is refused a place for their child at any of their preferred schools, they have a right of appeal to an independent school admission appeal panel.
In the circumstances I do not see that we should investigate Mrs B’s complaint.
C’s test score meant he met the standard for suitability for a grammar school place. But he was not in the top 180 candidates who are guaranteed a place. However Mrs B can now use the Council’s internal review process by asking for her son’s case to be considered by the Head Teacher Review Panel.
Further, Mrs B can continue with her application for her preferred grammar school regardless of the outcome of the review, and her application will be decided in the normal admissions round in March 2023. If Mrs B’s applications to any of her preferred schools are refused, she will then have a right of appeal to an independent appeal panel in each case.
One of the matters an appeal panel must consider is whether the admission arrangements have been correctly applied in the child’s case. The assessment of a child’s suitability for a grammar school is part of the admission arrangements where applications for grammar schools are concerned. Therefore issues about those assessments can be raised at an appeal.
We usually decide not to investigate a complaint where there is an internal review procedure someone can use to pursue their case. In addition, the law says we normally cannot investigate complaints where someone has a right of appeal to a statutory tribunal, such as a school admission appeal panel, unless we consider it is not reasonable to expect the person to go to appeal.
I see no reason why Mrs B should not be expected to go through the Council’s Head Teacher Review Panel process and, if necessary, use her right of appeal to an admission appeal panel. Therefore we will not investigate her complaint.
Final decision
The Ombudsman will not investigate Mrs B’s complaint that the Council’s grammar school selection test in her son’s case was badly organised and this adversely affected his test performance. This is because Mrs B ultimately has a right of appeal to a school admission appeal panel if her son is refused a place at her preferred grammar school.
Investigator's decision on behalf of the Ombudsman