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Legal matters

School applications - can they be delayed if there is a dispute between parents?

10 replies

getinmybelly · 10/10/2013 15:21

That's it really. If separated parents haven't reached an agreement, and both have parental responsibility, and there is mediation going on and a potential application for a special issue order, what happens if this goes over the application deadline? Some councils have a process for this, but where person who this relates to lives (not me) it is not clear and nobody can tell us anything over the phone.

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5madthings · 10/10/2013 15:28

It will be counted as a late application I think?

This came up on a thread about applications a while ago.

But maybe it varies according to each local authority?

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getinmybelly · 10/10/2013 15:32

I'll have a look for that. What are the implications of a late application? This is such a difficult situation. They obviously thought they would have resolved it by now but the date is looming and it isn't sorted Sad

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EdithWeston · 10/10/2013 15:37

It'll be a late application.

This means that all on-time applications will be processed first, and then all late applications. So that will restrict the de facto choice of schools as many will be filled with on-time applicants.

Some LEAs might have some wriggle room to count an application which might otherwise be late as 'on time' (near miss, exceptional reason). I don't think pparental disagreements, no matter how lengthy, would count as exceptional for this purpose though.

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5madthings · 10/10/2013 15:37

I'm not sure but I think it puts you to the bottom of the list? And the others will be processed and offered places and then you get offered what's left? But I could be wrong.

You need prhbridge? Ad a cols of other posters who know the process.

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getinmybelly · 10/10/2013 15:43

Thanks for replies... Will keep digging.

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prh47bridge · 10/10/2013 16:47

It depends on your LA. Some may be willing to accept a late application and treat it as on time in these circumstances. Most will simply treat it as a late application. That means your application won't be looked at until all the on time applications have been processed, so the chances are you wouldn't get any of your preferred schools. You would most likely end up with an offer from an unpopular school that could be a long way from where you live.

The big question in this situation is whether it is actually worth disagreeing in the first place. In the last such situation on which I advised there was no realistic chance of the child getting a place at the father's preferred school so putting that as first choice really didn't make any difference. The mother was concerned that putting the father's choice first would reduce the chances of getting a place at her preferred school, thinking that people naming the school as first choice would be admitted first. That isn't how school admissions work. If she would get a place at this school if it was named as first choice she would still get a place if it was the last choice.

If you would like to share more details of the dispute I will advise whether or not it is a dispute worth having. PM me if you don't want to post information publicly.

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getinmybelly · 10/10/2013 18:20

Both the mum and the dad's choices are at schools where there is an undersubscription, so that's less of an issue. The dispute is that they are in different towns near-ish to each other but with major baggage - so it's the location that is an issue. I would be very grateful prh. Will pm later. Thank you.

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OvertiredandConfused · 11/10/2013 15:49

Actually, I think there might have been a recent change to law which means an application received late has to be treated as it would had it been received on time. I'm a governor on a school's admission panel and we've had some basic training on that (which I can't find at the moment, sorry). I remember it because we're still confused as to the point of a deadline for applications if that's the case!

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prh47bridge · 11/10/2013 16:46

No, there has been no such change in the law. For the normal admissions round a late application must be treated as a late application and not processed until all the on time applications have been dealt with. However, once the waiting list is in operation (i.e. after offer date) late applicants must be treated equally with on time applicants. Sadly some admission authorities continue to get this bit wrong and put late applicants at the end of the waiting list.

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Lionessnurturingcubs · 11/10/2013 22:23

My advice would be for "resident parent" to process the application and put their school as first choice. It is then for the other parent to file a specific issues order to prevent the child going to that school.
if you don't, you risk the child not getting a place at either school, and that is not fair on the child.

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