Summary: We will not investigate this complaint about an unsuccessful appeal for a school place. This is because there is not enough evidence of fault by the panel for us to be able to question its decision.

The complaint

1. Mr X complained about an unsuccessful school admission appeal for his son (Y). Mr X is unhappy the appeal was not held face to face and that the school he appealed for was already over its Published Admission Number. Mr X says the panel failed to properly consider his case.

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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 an independent 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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What I found

Background

5. Mr X’s son (Y) previously attended School Z but left due to a change in the family’s circumstances. Mr X applied for Y to re-join the school in year 3. School Z’s Published Admission Number (PAN) is 60. This is the maximum number of number of places the school will normally offer. Because School Z already had 61 children in Year 3, it refused Mr X’s application. Mr X appealed the decision.

The appeals process

6. 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.

The appeal

7. The clerk’s notes show School Z’s representative presented their case. They explained how the school had dealt with Mr X’s application. They explained the difficulties offering further places would cause. The panel and parents could ask questions. School Z’s representative explained it was over its PAN because of a child admitted under the Fair Access Protocol.
8. Mr X, his representative, and Y’s mother presented their case. Mr X wanted Y to attend School Z because he was familiar with it. Mr X did not want Y to have to go through the upset of attending another school. A professional, who was working with Y, supported a return to School Z.
9. The panel decided School Z’s admission arrangements were lawful and had been properly applied. They decided there were no errors with how Mr X’s application had been handled. The panel decided admitting a further child would cause the school prejudice. The panel decided the evidence put forward in support of Mr X’s appeal was not strong enough to outweigh the prejudice admitting Y would cause School Z. The panel refused the appeal. The clerk’s letter explained the panel’s decision.

Assessment

10. We are not a right of further appeal and cannot question decisions when the proper process was followed, and decisions were properly taken.
11. Each panel needs to reach a decision based on the information before it. The evidence I have seen shows the panel followed the proper process to consider the appeal.
12. The panel considered all the information before it and reached a decision it was entitled to. It considered the information presented by School Z and Mr X. This includes the key points raised in the appeal. The clerk’s notes record the panel’s deliberations and match the decision letter.
13. In his complaint to the Ombudsman, Mr X referred to the appeal being held virtually. The School Admission Appeals Code allows this. I see no evidence any of the parties could not contribute to the appeal.
14. Mr X also referred to the fact the school was over its PAN because of a child admitted under the Fair Access Protocol. Schools can admit over their PAN to admit children in certain circumstances. The panel considered this issue during the appeal. There is no evidence of fault affecting the outcome.
15. The panel properly considered the appeal and reached a decision it was entitled to. While I understand Mr X is disappointed with the decision, there is not enough evidence of fault to warrant us investigating.

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Final decision

16. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman