The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s Schools Admissions Appeal Panel’s failure 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
Mrs X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z, 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)
How I considered this complaint
I considered information provided by Mrs X, and the appeal papers provided by the Council.
I considered the Ombudsman’s Assessment Code and the Schools Admissions Appeals Code.
My assessment
Background information Mrs X applied for her child Z to have a place at School Y starting in year seven in September 2024. More people applied than places. The Council applied its admission criteria and the last place went to a pupil in a higher criteria than Z.
Mrs X appealed for a place. Her reasons for appealing included: They really like School Y and believe it is a good fit for Z.
Z has friends attending School Y.
An Independent Appeal Panel considered her appeal in May 2024. The Appeal Panel decided not to award a place.
Mrs X disagreed and complained to the Ombudsman. She says: She does not agree with the decision and thinks its unfair; Z is the only child from their primary school not going to School Y.
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 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 Mrs X’s complaint. This is because it is unlikely we would find fault which caused Mrs X the injustice she alleges.
Investigator's decision on behalf of the Ombudsman