challenging admissions after the event

[admissionspickle]

DD failed to get place in local oversubscribed C of E primary to start reception this September (2009). (Type where school is own admissions authority). We are still on waiting list, very close to the top but not top. School is 2 form entry so 60 places. We are hopeful that a place will come up for her by year 1.

I have now found out that a child who got a place as a "sibling" in fact was not a sibling at the time of admission as their older brother was taken out of the school over the summer. I do not know exactly when notice was given to the school but I do know that the older child started at their new school this Sept and did not do any days at the old school this year.

I know that the information I have is accurate as I know the family in Q - in fact that is another complicating factor. The mother is not a "friend" but we have children at same nursery, occassionally meet for coffee etc.

The category that this child was admitted under reads as follows
"Children who will have siblings attending the school at the date of admission."

So, am I right in thinking that the school should have withdrawn the offer of a place when notice was given that the older child was leaving?

The criteria expressly say that the governers reserve the right to withdraw the offer of a place where information is later found to be incorrect.

The child lives further away than many people currently on the waiting list (I have two neighbours at least behind me that I know of) so it seems very unfair that they have been able to take up their place. I can only conclude that the school has deliberately chosen to turn a blind eye - but illegally surely?

I would like to challenge the school on this but DH thinks I should just leave it as it will do our own position no favours and simply mark me out as a PITA as they will never ask this child to leave now that he has already started.

It wouldn't actually be my child that benefitted from this anyway as we are not 1st on the waiting list but in some way I feel it is more the principle of the thing. I very strongly feel that if schools are to act as their own admissions authority they must do so in a way that is beyond reproach.

WWYD?

[AMumInScotland]

If they "reserver the right" to withdraw the offer, then they don't have to withdarw the offer - whether they would or not would probably depend on whether they felt the parents had done it deliberately to get the place fraudulently. In general, they don't want to disrupt an innocent child when they have started school, unless it was very clearly done deliberately. And even then they might choose not to.

So, they are perfectly entitled to "turn a blind eye" if they choose.

[Lilyloo]

It would be very harsh of the school to withdraw the offer over the summer holidays as the child would have already had settling in sessions prior to summer and the parents would have no way of visiting / choosing other schools as they would all be closed.
I agree with your dh

[admissionspickle]

No, I do not believe that there has been any fraudulent intention here.
However the school that the older child has gone to is a highly selective private prep (to start in Y3 I think) so that child must have been sitting entrance exams etc for that school much earlier this year I assume. It's not exactly the sort of move you can make off the cuff.

[hormonalmum]

I would leave it.

The older sibling was a pupil at the school at the end of last term and therefore was on roll when the admission date fell. Changes after this date are not appealable.

Hope your dd is able to get a place there at some point.

[katiestar]

They would only be able to withdraw the offer if the parents had acted fraudulently.For that you would have to prove that at then time they filled in the admissions form they had already given notice.

[admissionspickle]

Thanks for your replies. I guess the consensus is that even if I made a fuss about it it would all come to nothing so I'm going to say nothing.
Hormonal mum - thanks for the good luck wishes. I am desperate for dd to be offered a place but am now waiting for someone to leave/move house so could be a long wait!