Summary: We will not investigate Mrs X’s complaint about the Council’s Schools Admissions Appeal Panel’s failure to provide her child with a place at School Y. It is unlikely the Ombudsman would find fault which caused them to lose out on a school place.

The complaint

1. Mrs X, says the Council’s Schools Admissions Appeal Panel did not properly consider her appeal for a place for her child, Z, at School Y.

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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 cannot question whether a 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)
3. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code and the Schools Admissions Appeals Code.

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My assessment

Background information

6. Mrs X applied for her child Z to have a place at School Y starting in year seven in September 2024. There were more applicants than places. The Council applied the admission policy and allocated places according to its published admission criteria. The last place went to an applicant in the same criteria as Mrs X, who lived closer to the school then she does. Mrs X’s applications for other schools were also unsuccessful. The Council in line with its policy allocated a place at the nearest school with places. This is one and a half miles from their home and much closer than School Y.
7. Mrs X appealed for a place. Her reasons for appealing included:
• They did not like the allocated school.
• Z’s friends and support network were attending School Y.
• Z had anxiety and finding out they had not got a place at School Y had worsened their symptoms.
• Z and Mrs X spent some of the week at a family members house which was closer to School Y.
8. An Independent Appeal Panel considered her appeal in May 2024. The Appeal Panel decided not to award a place.
9. Mrs X complained about the decision. She said:
• The appeal panel’s decision letter did not properly explain how they had balanced each individual argument.
• The appeal panel had not properly considered the medical impacts on the family.
• Given Z’s anxiety it would save the Council money if Z attended School Y.

The appeal panel and our role

10. Independent Appeal Panels must follow the law when considering an appeal. The panel must consider whether the:
• admission arrangements comply with the law;
• admission arrangements were properly applied to the case; and
• admission of another child would prejudice the education of others.
11. 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. If the Appeal Panel has been properly informed, and used the correct procedure, then it is entitled to come to its own judgment about the evidence it hears.
12. Based on the information I have seen which supports the Appeal Panel’s decision, it is unlikely our investigation could find fault in the Appeal Panel’s decision which has caused them to lose out on a place. It is clear they actively considered the arguments Mrs X had made.
13. The Appeal Panel decision letter shows the Appeal Panel actively considered the case. The Schools Admissions Appeals Code requires a summary of the relevant factors and it must be easily comprehensible. It does not require a detailed description of balancing each and every argument as Mrs X wishes. We are unlikely to find fault with the decision letter.

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Final decision

14. The Ombudsman will not investigate Mrs X’s complaint. This is because it is unlikely we would find any fault directly caused Mrs X the injustice she alleges.

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Investigator's decision on behalf of the Ombudsman