Pitfalls of the schools admissions appeals process highlighted in two LGO reports.

The Local Government Ombudsman (LGO) is highlighting examples of some of the errors that can be made by English schools admissions panels after finding problems with two different appeals processes in Hull and London.

The LGO looks at complaints about the way many schools appeal panels operate – whether the council or the school itself is the admissions authority, and this week it has issued reports into Kingston upon Hull City Council and St Ursula’s Convent School in Greenwich's handling of two appeals.

In Hull, a mother complained to the LGO that the council had not considered the special circumstances which led to her making a late application for a place at a nearby school.  She did not apply by the deadline because her son was seriously ill in hospital in another city.

By the time she did make the application the council had already allocated places, and there were none left. The mother unsuccessfully appealed. But she was not given all the information she was entitled to before the hearing and the correct procedures were not followed during the hearing either. This meant that she could not be satisfied she had all the information needed to make her appeal, or that her appeal was considered fairly.

In London, the LGO has asked St Ursula’s Convent School to reconsider a girl’s application for a place after its panel twice failed to consider her appeal properly.

In this case, the girl’s mother complained to the LGO that the appeal hearing was not carried out properly. At the time the LGO recommended that the admission authority rehear the appeal with different panel members and a different clerk and the admission authority agreed to this.

However, the mother again complained after the second panel refused her appeal.

The Ombudsman’s investigation found that the second panel failed to balance the mother’s special reasons for wanting her daughter to attend the popular school against the school’s case that it was full which panels must do at stage two of the appeal process.

The panel did not properly record its reasoning behind the decision not to admit the girl, and its decision letter was not signed by the chair.

This led to the mother having the uncertainty that her daughter might have been admitted to the school had the process been conducted properly.

In the last year (2013-2014) the LGO received 747 complaints about schools admissions appeals and upheld a quarter of those complaints  investigated in detail.  In arecent focus report on schools admissions appeals, it highlighted some key issues from upheld complaints, including children not being considered under the correct ‘excepted’ criteria, infant school admissions looked at under the wrong criteria, and poor clerking of appeals hearings and record keeping.

Dr Jane Martin, Local Government Ombudsman, said:

“As highlighted in our recent focus report into the schools admissions process, it is important that appeals panels have a completely transparent process for considering applications for places.

“Information and guidance offered to parents should be clear, and parents should be given all the information and evidence they need to appeal a decision ahead of any panel taking place.  It is crucial that panels consider the full admission details, make reasoned choices based on clear evidence, show evidence of that reasoning and inform families of the full decision.  The schools admission process can be an emotional time and it is essential that parents have trust in the fairness of that process.

“I would urge other admissions authorities to see the lessons from these complaints as an opportunity to make sure that their appeals processes are as open and transparent as possible.”

Parents who have concerns about the way that their appeal for a school place was considered can complain to the LGO, as set out in the School Admissions Appeal Code and the Local Government Act 1974. This does not include complaints about admission appeals to academies or free schools as they are not in the LGO’s jurisdiction.

Article date: 05 February 2015

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