Chances of winning an appeal?

[IamChipmunk]

Hi all, im after some advice please!

We are moving into a new LA in June. I rang admissions and asked how to apply and both LAs said apply using current address to new LA but put note in of new address. I did this.

Have got 3rd choice school, its literally the only one with any spaces.
We are 8th on waiting list for school 1, we will go up this list when we move. Currently we would be first on list if we moved tomorrow.

We have been told we havent got in esentially due to distance because of using our current postcode.

We are going to appeal.
My question is, they have clearly taken our new address into account as they have allocted a school in new LA not existing one. So if they are willing to take it into account why are we not entitled to school 1 (its nearest to new address)?

Any thoughts on this? Is this kind of argument likely to hold any water at an appeal?

TIA

[Thundercracker]

If the 3rd choice is undersubscribed, you would have got a place using your current address, not your future one.

[sirfredfredgeorge]

If 3rd choice school has places, then the address is irrelevant, you got into it based on your current address, because it has spaces. You'd've got into it regardless.

[PatriciaHolm]

As the others said, I suspect it's because that school is undersubscribed - so anyone who wanted a place there got one regardless of where they lived.

It is worth checking that they used your existing address (which is what they should have done), but it sounds as if it's simply a case that your third choice school is undersubscribed.

[IamChipmunk]

So if the first two were full and i had not put anything else on the list would i have got a place in my current LA or the new LA - just wherever there was a space?

[Thundercracker]

If you’d only put two preferences down and didn’t get either of them, they would have used your current address to give you a place in the nearest school to your current address with a space. But because you put a third choice down which had spaces, they gave that to you instead.

[PatriciaHolm]

Yep, as Thundercracker says!

The only LA with an obligation to you at the moment is your current one. If neither of your choices in the new LA could offer you a space but you didn't put anything else down, your current LA would have had an obligation to find you something in their area.

Only when you have a provable address in the new LA (and definition of this differs so check!) would the new LA have an obligation to you.

[IamChipmunk]

Thanks all. I thought that was to be the case but was hoping there might be something else to go on!

We should complete on house at end of june so can update address then and will move up the waiting list...

Hopefully he will eventually get into school 1 via waiting list.