Summary: Mr X complained the Council’s school admissions appeal panel used false information when deciding about his daughter’s (F) secondary school application. We found fault in the way the school admissions appeal panel made its decision. This fault caused confusion and distress to Mr X and his mother (Mrs Y) but did not affect the outcome of the appeal. The Council has agreed to apologise, to update F’s secondary school application and to make symbolic payments for Mr X’s and Mrs Y’s distress. The Council has also agreed to carry out some service improvements.

The complaint

1. Mrs Y, acting on behalf of her son Mr X, says the Council’s decision to withdraw a secondary school place from F and the appeal panel’s decision were based on false information. This had a negative impact on F as she was offered a place in a school three miles away from her home and F’s parents refused this place.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered evidence provided by Mrs Y and the Council as well as relevant law, policy and guidance.
6. I reviewed the Council’s “Secondary school admissions policy from September 2024 to July 2025”.
7. Mrs Y and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legal and administrative framework

School Admissions Code and School Admissions Appeals Code

8. Statutory guidance about school admissions and appeals can be found in The School Admissions Code and School Admission Appeals Code. Both are published by the Department for Education. 
9. An admission authority must not withdraw an offer unless it has been offered in error, a parent has not responded within a reasonable period of time, or it is established that the offer was obtained through a fraudulent or intentionally misleading application. Where an offer is withdrawn on the basis of misleading information, the application must be considered afresh, and a right of appeal offered if an offer is refused. (School Admissions Code 2021, paragraph 2.13)
10. Parents/carers have the right to appeal an admission authority’s decision not to offer their child a school place.  
11. Appeal hearings must be held in private and conducted in the presence of all panel members and parties. Appeal panels must act according to the principles of natural justice. 
12. A clerk supports the appeal panel. Parents can give information in support of their appeal. The clerk must send all papers required for the hearing a reasonable time before the date of the hearing. This includes information from the appellant and the admission authority. 
13. The clerk must take an accurate record of the hearing, including the proceedings, attendance, voting and reasons for decisions. 
14. The admission authority must provide a presenting officer at the hearing to explain the decision not to admit the child and to answer questions from the appellant and panel. 
15. Appeal panels must allow appellants the opportunity to make oral representations.
16. Appeal panels must either uphold or dismiss an appeal and must not uphold an appeal subject to any conditions. Appeals must be decided by a simple majority of votes cast. A panel’s decision that a child shall be admitted to a school is binding on the admission authority concerned. 
17. The clerk to the panel must write to the appellant, the admission authority and the council with the panel’s decision and reasons. 
18. For the appeals from secondary admissions panels must follow a two-stage decision making process. 
1. Stage 1: the panel examines the decision to refuse admission. The panel must consider whether: 

• the admissions arrangements complied with the mandatory requirements set out in the School Admissions Code; 
• the admission arrangements were applied correctly; and if 
• the admission of additional children would prejudice the provision of efficient education or the efficient use of resources.  

If a panel decides that admitting further children would “prejudice the provision of efficient education or the efficient use of resources” they move to the second stage of the process. 

2. Stage 2: balancing the arguments. The panel must balance the prejudice to the school against the appellant’s case for the child to be admitted.  

Secondary school admission policy for September 2024 to July 2025

19. When you apply you must use the child’s permanent address, where they usually live with their parent or carer - this is the address of a person holding parental responsibility for the child. You must not use any other address on your application.
20. Using the address of a childminder, a relative or renting a property for a short period of time in order to secure a school place is considered as a fraudulent application. We will investigate all queries about addresses, and we could change the school place offer.
21. If we find out that an intentionally misleading or false address has been given to get a school place, the school place may be withdrawn even if the child has already started at the school.

What happened

22. At the time of the secondary school application for F Mr X and his family lived at address A. In 2024 they got a property at address B but could not move there as it needed work. Mrs Y, who is Mr X’s mother, lives with her own mother at address C. F is the oldest of Mr X’s children.
23. At the beginning of September 2023 Mrs Y applied for a place for F in the nearest secondary school to address C (School 1). The application had address C as F’s home address. This was consistent with the records held by F’s primary school. The Council offered F a place at School 1 as address C was in School 1’s catchment area.
24. At the end of February 2024 the Council’s admissions team was told that F lived with Mr X and her siblings at address B and not at address C as claimed during the admissions process.
25. The next day the admissions team contacted F’s primary school and carried out council tax checks. The Council asked Mrs Y and Mr X to provide evidence that F lived at address C. The Council also asked F’s family to send:
• evidence showing Mrs Y was the primary carer for F and held parental responsibility for her, which would enable her to make decisions for her as a primary carer;
• evidence why F was not living with her siblings and her father at address B.
26. In mid-March 2024 the Council decided the documents provided by Mrs Y did not show she had parental responsibility for F. The Council amended F’s address on her secondary school application to address B. It withdrew the offer of School 1 and re-considered the application. It offered F a place at the closest school to address B with spaces available (School 2) and added her to the waiting list for School 1.
27. The Council sent a letter to Mrs Y and Mr X telling them of their right to appeal the Council’s decision.
28. At the end of March 2024 Mrs Y appealed the Council’s decision to withdraw the offer of a place for F at School 1. She stated address C, included in the school application, was F’s permanent address.
29. An appeal hearing took place in mid-May 2024. Both Mr X and Mrs Y were present. They had an interpreter. They confirmed they had received School 1’s statement of case and had attended a group session.
30. The secondary application form considered by the appeal panel included address B as F’s permanent address. Mr X could not explain who had provided this address as, he said, it was wrong. During the appeal hearing a lengthy discussion took place about this matter. I clarified this confusion through my enquiries. The Council explained that when filing F’s secondary school application Mrs Y had provided address C as F’s permanent address. After carrying out its investigation, at the beginning of March 2024 the Council changed this to address B.
31. The appeal was not upheld. The panel considered the following:
1. Mr X’s dissatisfaction with School 2 and the distance from her home making it impossible for F to attend;
2. Mr X’s arguments in support of F’s admission to School 1;
3. F living at address C with her grandmother and her great-grandmother as a private family arrangement;
4. using address B for the original secondary school application while, according to Mr X, F had never lived there.
32. In June 2024 Mrs Y complained to the Council.
33. At the end of June another school (School 3) was added to F’s secondary school application and F started attending School 3 from September 2024. She remains on the waiting list for School 1.

Analysis

34. When considering Mrs Y’s appeal the admissions appeal panel followed the right process, as described in paragraphs eight to 18 of this decision. The appeal panel erred, however, by not exploring with the Council which address Mrs Y provided in the original secondary school application and by assuming Mrs Y included address B on the application form. Because of this part of the panel’s consideration was flawed.
35. The Council’s failing is fault. This fault caused injustice to Mr X and Mrs Y as it created confusion and caused them distress. Mr X and Mrs Y could not understand why the application form had address B when during the application process for F’s secondary school they had used address C. The confusion continued when Mrs Y brought her complaint to us.
36. The Council’s fault did not, however, affect the outcome of the appeal. The Council’s secondary school admissions policy explains which address the Council considers as a child’s permanent address during the school application process. This should be the address where they usually live with their parent or carer, that is a person holding parental responsibility for the child.
37. During the Council’s investigation into F’s address Mr X failed to provide any evidence that Mrs Y held parental responsibility for F. At the appeal hearing he confirmed Mrs Y did not have parental responsibility for F. Therefore Mrs Y should not have used address C on F’s secondary school application form. The address on F’s school application form provided by Mrs Y could not be considered F’s permanent address in accordance with the Council’s policy.
38. In such circumstances the Council’s withdrawal of a place in School 1 was justified. Any negative consequences of this decision for F and her family were not, therefore, caused by the Council’s fault.

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Action

39. To remedy the injustice caused by the faults identified, we recommend the Council complete within four weeks of the final decision the following:
• apologise to Mr X and Mrs Y for the injustice caused to them by the fault identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended;
• make a note on F’s secondary school application records explaining which address was originally used for her secondary school application;
• pay Mr X and Mrs Y £75 each to recognise the distress caused to them by the Council’s failing within its school admissions appeal process.

The Council will provide the evidence that this has happened.

40. We also recommend the Council within three months of the final decision consider amending its school admissions system to record the dates of any changes to the pupils’ addresses. The Council should provide us with evidence it has done so.

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Decision

41. I found fault causing injustice. The Council has accepted my recommendations, so this investigation is at an end.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman