Summary: Mrs X complained about a school admissions appeal hearing for her son. We ended our investigation because Mrs X withdrew her complaint.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about an unsuccessful school admission appeal for her son (Y).

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The Ombudsman’s role and powers

2. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered Mrs X’s complaint and the information she provided.
5. I wrote an enquiry letter to the School. I was awaiting its response when Mrs X informed me she wanted to withdraw her complaint.
6. Mrs X and the School 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

The appeals process

7. 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.

What happened

8. Mrs X applied for her son (Y) to attend Year 7 at the Pensby High School (the School). As there were more applications than places available, the School used its oversubscription criteria to decide which children it would offer places. Y was not offered a place.
9. Mrs X appealed this decision because she felt the School would best suit Y. She also believed the decision was unfair because she was aware of other children who had selected the School as their second choice had been offered a place. She also believed her son’s individual circumstances outweighed any prejudice from admitting an additional child.
10. Her appeal to the independent appeal panel was unsuccessful.
11. Disappointed by this outcome, Mrs X brought her complaint to the Ombudsman.
12. Since making her compliant to us, Y has now settled at another school. For this reason, she says she no longer wants Y to attend the School.

Analysis

13. Given that Mrs X no longer wishes to pursue her complaint, it is proportionate and appropriate to end my investigation.

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Final decision

14. I have ended my investigation because Mrs X withdrew her complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman