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Local Government Ombudsman criticises independence of school admission appeals panel
26 November 2007
In two reports issued on 8 November 2007, the Local Government
Ombudsman (“LGO”) has found that parents’ appeals against the
refusal of places for their children at two voluntary aided Grammar
schools were not considered in a fair and impartial manner. Aspects
of the conduct of appeal panels have been criticised before by both
the LGO and Council on Tribunals, who have identified particular
difficulties with appeals conducted by voluntary-aided and
foundation schools. The latest comments of the LGO should be noted
by all schools that are their own admissions authority.
Background
Under the School Standards and Framework Act
1998 an admissions authority has a duty to admit a child for whom
an application is made unless the admission would prejudice the
provision of education or the efficient use of resources. The
governing bodies of voluntary-aided and foundation schools have the
responsibility to make the necessary arrangements for appeals
against a decision of a governing body to refuse to admit a
child.
Facts
Three of the complainants’ sons had been
successful in selection tests but, after the operation of the
Governors’ oversubscription criteria, their applications had been
unsuccessful as the school was, in the Governors’ view, full. The
parents challenged those decisions by appealing to the Appeal Panel
arranged by the Governors. Having been unsuccessful in those
appeals the parents complained to the LGO that they had been
deprived of their entitlement to have their appeals considered in a
fair and impartial manner.
Findings of the Local Government
Ombudsman
Having investigated the cases, the LGO found
that there were inappropriate links between those involved in the
administration and consideration of the appeals and those involved
in the schools' governance, which cast serious doubt on the
independence of some members of the Appeal Panels. In particular
the LGO found that there is too great a conflict of interest for a
person to act both as the Clerk to the Governors and as the Clerk
to an Appeal Panel, on which basis he could not be sure that the
appeals were heard properly. As a result the LGO found that the
schools were guilty of maladministration which had caused the
complainants avoidable uncertainty and anxiety.
Implications
The Education and Inspections Act 2006 has
recently brought further changes to the already complex law
regulating admissions. With the development of Academies and Trust
schools increasing numbers of schools are becoming their own
admissions authority and hence for the first time having to set
their own admissions criteria, organise Admission Appeal Panels and
grapple with admissions law.
Admissions regulations and the School
Admission Appeals Code of Practice identify certain categories of
people as disqualified from membership of an appeal panel and
further advises that there may be cases where it would not be
appropriate for somebody to be a member, even if not disqualified
from so doing. In addition the LGO has now recommended that school
governors:
- Separate the functions of the Clerk to the Appeal Panel from
those of the Clerk to the Governors
- Ensure that members and Clerks of Appeal Panels are independent
of the schools and of any other schools or bodies connected with
them
Following the LGO's findings all the pupils
were offered fresh appeal hearings, with one appeal being
upheld.
talk to us
Mark Blois
0115 976 6087
Partner and Head of Education
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