The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the outcome of a school admission appeal panel. There is not enough evidence of fault to justify investigating.
The complaint
Miss X complained the school admission appeal panel (the “panel”) failed to properly consider her appeal regarding her child, Y.
Miss X said this has meant that Y has no school place and has caused emotional distress and uncertainty. She wanted the panel’s decision to be reviewed and for Y to be provided with a place at the school.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the school.
I considered the Ombudsman’s Assessment Code.
My assessment
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. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagrees with the decision an organisation made.
The admission appeal decision letter explained the panel considered the information and comments provided by Miss X in her statement and during the appeal. The panel minutes include Miss X’s points.
After consideration, the panel decided the arguments made by Miss X did not outweigh the prejudice that would arise by admitting Y to the school. As the Council properly considered Miss X’s points, we will not investigate this complaint as there is not enough evidence of fault.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman