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 by the panel for us to be able to question its decision.
The complaint
Mr X complained about an unsuccessful school admission appeal for his son (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 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 Council.
I considered the Ombudsman’s Assessment Code.
Background
Mr X applied for Y to move to year 8 at his preferred school (School Z) because of problems at Y’s current school.
School Z is a selective school. It tested Y and decided he was of the required standard. But because School Z was over its Published Admission Number it refused Mr X’s application.
Mr X appealed the decision not to offer Y a place.
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.
The appeal The clerk’s notes show School Z’s representative presented their case. They explained how the Council had dealt with Mr X’s application. They explained the difficulties offering further places would cause. The panel and parents could ask questions.
Mr X presented his case and explained why he wanted a place at School Z. Mr X explained about bullying at Y’s current school and provided information in support of his appeal.
The panel decided School Z’s admission arrangements were lawful and had been properly applied. They decided there were no errors with how Mr X’s application had been handled. The panel decided admitting a further child would cause the school prejudice. The panel decided the evidence put forward in support of Mr X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School Z. The panel refused the appeal. The clerk’s letter explained the panel’s decision.
Assessment We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions 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 the appeal.
The panel considered all the information before it and reached a decision it was entitled to. It considered the information presented by School Z and Mr X. This includes the key points raised in the appeal. The clerk’s notes record the panel’s deliberations and match the decision letter.
While I understand Mr X is unhappy his appeal was unsuccessful, there is not enough evidence of fault by the panel for us to become involved. We will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman