Admissions regulations

[Teddingtonmum1]

As some MNs may know I'm in court with my DS father , he has requested that the judge allow him to make a late application for school places near him . I was under the impression that only one application can be made per child but struggling to find the relevant regulations that state this ??

[OnGoldenPond]

Why not give your LA schools admissions a ring and ask them - maybe say you are thinking of making another application as your ex is hoping to and ask them what the rules are. They are usually very helpful.

Sorry your ex is being so difficult when all you are trying to do is get a good education for your DS. How did the Reeds application go?

[Teddingtonmum1]

I did ask and they seemed very vague just kept saying I can only make 1 application but were unable to quote under which regulation am sure its buried under the school admissions code 2012 but can't actually find the section and verse so to speak .

Reeds application is still ongoing met the headmaster and had a chat which went ok I hope waiting for the exam 12th jan

[prh47bridge]

Any application made by the father will take the place of your application and will be treated as a late application. Your son would almost certainly end up placed at an unpopular school that could be miles from home.

There is no regulation that directly states that it is one application per child but the way the admissions system works means that it can't handle multiple applications. The LA must only make one offer per child (Admissions Code paragraph 2.23a). If they processed both applications and your son got places at the school you prefer and the school the father prefers they would have no way of deciding which place to offer. They cannot offer both schools and there is no way of knowing whether your application or the father's application takes precedence. The only way of avoiding that is to only process one application per child.

If you want something to take to court I would ask the LA for a written statement confirming what I've said in my first paragraph.

[mummytime]

The school admission criteria do make it quite clear which address will be used. This together with information for the judge on the chances of getting a preferred school as either a) an on time application (yours) or b) a late one (his); should be presented. Personally I would have thought a late applicant is likely to be offered a place in an unpopular school.

What is your son's preferrence?

[Teddingtonmum1]

Yes trying to find out exactly under what rule that is ...

[OnGoldenPond]

Where is your DS resident? If he is not resident with your ex then he can't apply for school places using his address so would not have a chance of getting an offer of a place from a school near him.

Fingers crossed for Reeds. Hope you get good news

[EdithWeston]

I thought you could only apply fom the address at which the prospective pupil is normally resident. If it is 50/50 then the typical deciding factors for that single address are arrangement of days at each (favouring the one which covers term time weekdays) and address used for CB.

[EdithWeston]

I think the following is the relevant bit of the Admissions Code, and you will see that it says each Admissions Authority must state how it defines the home address (not addresses). You perhaps need also to look at both your and his LA for their definitions (I don't know if there is a pan-London one - there certainly is co-ordination on a number of issues).

"Distance from the school
1.13 Admission authorities must clearly set out how distance from home to the school will be measured, making clear how the ‘home’ address will be determined and the point in the school from which all distances are measured. This should include provision for cases where parents have shared responsibility for a child following the breakdown of their relationship and the child lives for part of the week with each parent."

[prh47bridge]

trying to find out exactly under what rule that is

Under what rule what is? I've already explained that paragraph 2.23a of the Admissions Code makes it impractical for the LA to process more than one application per child.

The LA's rules will determine which address must be used. Normally it is the address of the parent with residence or the parent receiving child benefit. They don't care which parent applies but they must use the right address. So in all probability the LA will only accept an application from your address.

It will also be the LA's rules that determine the treatment of a change of preferences at this stage. In most LAs it would result in the application being treated as late. That would almost certainly mean your son missing out on your preferences and his father's preferences and ending up at an unpopular school.

If you are uncertain tell me which LA is involved (PM me if you don't want to state it publicly) and I will let you know where the information can be found in their admissions booklet (assuming it is there - it should be).

[Ladymuck]

So does that mean exh can make a late application from the op's address? ie if he doesn't like her preferred state school, he can submit an application for a different one that is still close to her address/

[prh47bridge]

Technically he could if he has PR but it would be a bad move on his part. If both parents have PR they are supposed to sort these things out between them or get the courts to resolve the matter if they can't. They shouldn't start submitting competing applications to the LA.

[Teddingtonmum1]

Hi

Sorry prh47bridge just realised you quoted the part I need !!! , he lives with me full time his father has 4 days a month I also have the cb . I'm in Richmond ... As I'm not sure the judge is up to speed on the admissions situation I just want to quote the act section etc so we can move on and his aware that an application has been made and that's it , the only way I'm guessing he could make an application is by me passing over custody.

[inthename]

Can I ask if you listed any catchment schools on your application, or was it only Gordons in Woking (state boarding school) on it. If you didn't list any ordinary choices, then its possible the judge would give him leave to make a late application as the only other options you have given the judge are either state boarding or private boarding, so the judge has to decide whether your ex should have the opportunity to exercise his PR rights which include the equal right to make his choice of school known. This would then over ride the previous application on the basis that the judge has issued a direction as to what is to happen before a final decision is reached.

[prh47bridge]

I sincerely hope the judge doesn't do that as it would almost certainly result in the application being treated as late. That would pretty much destroy any chance of getting a place at Gordons. There is already no real chance of getting into any of the father's preferred schools unless they are unpopular. The judge won't direct the LA to treat the late application as on time as the LA is not party to the proceedings.

[Teddingtonmum1]

Hi
Yes I picked Orleans park and Turing house plus whitgift which boards at 13 but childcare is the issue as dad is happy to dictate I should run myself into the ground juggling everything and swans in for 4 days a month to play Disney dad. Have been told by Richmond today courts have no jurisdiction on admission ??

[inthename]

Theres 2 seperate issues as such.
No, courts have no jurisdiction over admissions, but in the case of parental dispute over choice of school, the court can make a specific issue order stating that the other parent cannot accept a place at a particular school (say for example a boarding school) and the other parent is given leave by the court to make their choices known. Obviously due to the timing in your case, his choice of school may not happen as it would be a late application, but equally the judge can still make an order that a boarding place would not be appropriate. Family courts are notoriously fickle with such decisions and judges don't like being told things can only be done one way. In cases like yours I've known judges give the other parent leave to make an application which is late and then they have to use the waiting list and appeal process.

I think I remember you saying ex is in catchment for Orleans?

Also, if his access is also by court order, he can ask for it to be varied so that he has longer than 4 days a month.

[Teddingtonmum1]

No he decided to stay put the other side of london My issue is dad has been give chances to Step up and take responsibility But always finds excuses , committed in mediation to move closer to co parent then decided it wasn't for him ( might have something to do with his new girlfriend of 6 months ) my issue is I have been doing everything sick days / inset days / school plays / bake sales / parents evening / school trips whilst holding down a demanding job never had any offer of help dad hasnt been in the school since year 4 and even though there's a pending court case he still didn't bother to turn up for any Xmas events. Then he has the nerve to have an opinion, Have offered more access but funnily enough he can't seem to fit it into his busy life .....grrrrr

[tethersend]

I'm confused- is he proposing to apply for schools local to him using your address? Or his?

If he is planning to use his, then this would constitute a fraudulent application. If he's planning to use yours, then he stands no chance if the tie breaker is distance and it is a late application.

[Teddingtonmum1]

He is asking to apply from his address which is a 1 bed flat and DS only spend weekends

[inthename]

Unfortunately what the dad does or doesn't do during the time ds is with you won't come into it.
The court may defer making a final decision until after allocation day in March as the wording of the order is likely to be ultimately important, ie that a boarding place can't be accepted but a state or independent day place can. I've known cases where the nrp is then ordered to contribute either financially or practically to the costs of fees or more usually out of school care/clubs, which will depend largely on what school your ds is allocated.
From personal experience and that of a friend, the specific issue order won't normally allow boarding where there is no absolute need to do so (ie both parents are too unstable to provide appropriately for the child) it doesn't tend to take into account that boarding may be easier for you to work, especially with an older child.
Hope you get it sorted and best of luck for Reeds and Whitgift.

[inthename]

Unfortunately what the dad does or doesn't do during the time ds is with you won't come into it.
The court may defer making a final decision until after allocation day in March as the wording of the order is likely to be ultimately important, ie that a boarding place can't be accepted but a state or independent day place can. I've known cases where the nrp is then ordered to contribute either financially or practically to the costs of fees or more usually out of school care/clubs, which will depend largely on what school your ds is allocated.
From personal experience and that of a friend, the specific issue order won't normally allow boarding where there is no absolute need to do so (ie both parents are too unstable to provide appropriately for the child) it doesn't tend to take into account that boarding may be easier for you to work, especially with an older child.
Hope you get it sorted and best of luck for Reeds and Whitgift.

[Teddingtonmum1]

My ex has refused to contribute or allow me to put his name on the applications and thus refuses to pay anything and never has ie school trips uniform meals travel was planning to ask the judge to make an order for him to contribute on top of his csa for at least the uniform as he works full time and has property just wasn't sure they could do that , but if they turn down weekly boarding then he will have to agree to contribute as I think that a child getting a school bus at 6.55am every morning worse then having to weekly board !! .

[inthename]

The judge won't order above his csa contribution, though might check that hes paying the correct amount (15% of his net monthly income) which is supposed to cover uniform etc. It will then be up to you to liase with the independent day schools (for example, Reeds do not ask for his signature or financial details and offer day foundationer places)