The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Schools Admissions Appeal Panel’s failure to provide his child with a place at this School. It is unlikely the Ombudsman would find fault which caused them to lose out on a school place.
The complaint
Mr X, says the Schools Admissions Appeal Panel did not properly consider his appeal for a place for his child, Z, at this School.
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)
How I considered this complaint
I considered information provided by Mr X, and the appeal papers provided by the School.
I considered the Ombudsman’s Assessment Code and the Schools Admissions Appeals Code.
My assessment
Background information Mr X applied for his child Z to have a place at this School starting in year seven in September 2024. More people applied than places. The School applied its admission criteria and the last place went to a pupil in a higher criteria than Z.
Mr X appealed for a place. His reasons for appealing included: They really like this School and believe it is a good fit for Z.
They do not like the allocated school.
Z has friends attending this School which will help with their health and wellbeing.
They believe Z’s application should have been in a higher criteria.
An Independent Appeal Panel considered his appeal in May 2024. The Appeal Panel decided not to award a place.
Mr X disagreed and complained to the Ombudsman. He says: the Appeal Panel was been unfair; the Appeal Panel refused to provide its questions in advance; the application was considered in the wrong criteria; and the decision letter does not provide evidence the Appeal Panel considered his case properly.
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.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. If the Appeal 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 decided the right admissions’ criteria had been used. It is unlikely we would find fault in that decision.
The Appeal Panel decision letter shows the Appeal Panel actively considered the case. It is not expected to reply in detail to each point the parent makes at the appeal. Mr X submitted an appeal document of 111 pages and had over 40 minutes in his private oral hearing. The decision letter lists out the documents he provided. It is unlikely we would find fault in its consideration of his appeal.
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.
Mr X asked for the Appeal Panel’s questions in advance. He says this was to meet reasonable adjustments. The Council considered his request and discussed it with the Appeal Panel chair. They decided it was not fair to provide Mr X with the questions in advance. Mr X had a comparatively long oral appeal. It is unlikely we would find fault which has caused Mr X an injustice.
Final decision
The Ombudsman will not investigate Mr X’s complaint. This is because it is unlikely we would find fault which caused Mr X the injustice he alleges.
Investigator's decision on behalf of the Ombudsman