The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the School’s Admissions Appeal Panel’s failure to provide her 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
Miss X, says the School’s Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z.
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 Miss X.
I considered the Ombudsman’s Assessment Code and the Schools Admissions Appeals Code.
My assessment
Background information Miss X applied for her child Z to have a place at this School starting in year seven in September 2024. There were more applicants than places. The Council applied the admission policy and allocated places according to its published admission criteria. The last place went to an applicant in the same criteria as Miss X, who lived closer to the school then she does. Miss X’s stated no other schools on her application. The Council in line with its policy allocated a place at the nearest school with places. This is closer to her home than this school.
Miss X appealed for a place.
An Independent Appeal Panel considered her appeal in June 2024. The Appeal Panel decided not to award a place.
Miss X complained about the Appeal Panel’s decision. She said: Z’s needs were not taken into account.
It is blasphemy to allocate her a none faith school.
Z’s health has been affected by the decision not to allocate a place.
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.
Based on the information I have seen which supports the Appeal Panel’s decision, it is unlikely our investigation could find fault in the Appeal Panel’s decision which has caused them to lose out on a place. It is clear the Appeal Panel actively considered the arguments Miss X had made and balanced the arguments against the School’s case.
Final decision
The Ombudsman will not investigate Miss X’s complaint. This is because it is unlikely we would find any fault directly caused Miss X the injustice she alleges.
Investigator's decision on behalf of the Ombudsman