Is this fraud?

But what if the father says he is to be the residential parent?
Then the child's address for school application would be the present address wouldn't it?
The mother can move to live wherever she wants.
But can she unilaterally decide to move the children with her
When they have previously been living all together with both parents?

When she makes the school application she needs to use the address which she is residing at, if she moves out before offer day she needs to tell the admissions team.

What nobody seems to be saying is - why is she thinking about this now? She doesn’t have to apply until September / October and the school place will be allocated on March 1st next year. She should decide where she’s living, get her address changed officially if she moves and then apply for schools in September / October. There’s no need to be anxious about it now? Just make a decision and do whatever is needed - or decide to stay where she is and do nothing?

The father doesn't have to agree for the place to be given. He can file a court order if he's not happy with the decision, but going to school locally to the residential parent is a logical choice and not one a court is likely to be able to find issue with.

Address is still very important. The other factors which are higher cover a minority of applicants. Then the majority are based on catchment area.

Why doesn't she just move out immediately.
Start paying rent to her sister. Get on that electoral roll and apply legitimately from that address.
But .
A child has 2 parents.
Doesn't the father have to agree also about choice of school unless there is a court order ??
I don't know. Just wondering if problems might come from the father rather than the new school.

well it doesn't sound as if the year sorting herself out is likely to return to her former address. Why would she apply stating an ex-partners address where she no longer lives?

It's not fraud unless she tries to conceal the truth. To cover herself, just explain the facts on the application. That way the people who decide on admissions can disqualify the application if they feel it is invalid and allow it if not.

She needs to be living there and on the electoral role.

Most Local Authorities and/or schools will do address checks - especially if schools are oversubscribed. Children must live regularly at the address they are applying from.

If she was staying for a fortnight to be there on the right date it would be fraud, just like using a grandparent's address to pretend to live there. But if it's a long term move of a year then it's legitimate

I don't understand why a legal question isn't in legal matters instead of AIBU, but never mind. No, it's not fraud - at least in the criminal law sense - because a fraud involves an intent to make a gain (of cause a loss) in money or other property. A school place is not property; and so, this cannot be a fraud, regardless of how honest or dishonest others might deem it to be.

If the question is actually "is this a lie?"
then my question would be "what was the question you were answering?" If the question was "where do you live?" or "what is your address" then OP has not told any untruths. If however it is "where have you been living for the last five years?" and OP put down only the address she has lived at for the last six months (or whatever) then that's obviously a lie - but not fraud.

She needs to move in and have a paper-trail with that address before she applies. If she applies before that's in place, or without being honest that they don't live there "yet" then she's on a sticky wicket.
We were in a similar situation, due to move house to a different local authority, but no evidence except a solicitor's letter confirming our right to live at the property and our intention to move in the Summer (long story). The authority staff were very sympathetic but their hands were tied. They advised us to use our top preferences for schools in the new location, and lower preference for an "insurance " school in the old location. It all worked out in the end, as one of the schools in the new location was, quite unusually, undersubscribed that year. Miracles happen!

If she’s genuinely living there, then fine. In Cheshire you have to provide your council tax account number as proof.

Reassure your friend that this will not be fraud but that she should check with school admissions team to find out what proof of address will be required so she can get those things prepared. Good luck to her.

She’s already dealing with a relationship breakdown and having to move her kids and they are losing their home and starting again and you are accusing her of fraud - nice!!!

We have to provide evidence of address in Kent:

First piece of evidence includes a copy of:

• Council Tax statement for 2024 to 2025 or 2025 to 2026, or
• a signed tenancy agreement or exchange of contracts with confirmed completion date.

• Child Tax Credit, Working Tax Credit, Job Seeker Allowance, Disability Benefit letter or statement
• a driving licence
• a schedule of motor insurance
• a utility bill, such as gas, water, electric or broadband
• a payslip.

• doctor or hospital letter in their name
• savings account or bank account in their name
• Child Benefit statement.

Absolutely fine! She will be living at her sisters house so applies school in that catchment. The only thing she must do is change her address with the school so they will give the local authority that address when they send out the letters on how to apply etc

Nail on the head. She'd need to have some "evidence" that she was genuinely living them to avoid any accusation of fraud, and things like electoral roll, bank addresses, DLVA driving licence/car registration address, personal utility bills such as mobile phone contracts, etc., would also be useful to "prove" where she was living if it was ever challenged.

He sounds an absolute arse. Fancy trying to scupper the kids' chances to get leverage over his wife.

As long as she is living there, changes her mailing address to there and is staying for the forseeable, it's not fraud at al. I know a number of people who were in similar situations.

Presumably she's never going back to her ex husbands, and all her stuff and banking etc will be moved over to the new address. She could do a tenancy agreement if that's needed as proof but as long as a couple bills are coming to her there that should be enough.

It's no different to if she moved out into a rented small flat through an agent as she's left the family home permanently in the split.

So I would not considering it dodgy at all.

It's not fraudulent 😊 she will be residing in the catchment area for said high school. When they talk about fraudulent it's when people use another relatives address to get into a school in that catchment area when they dont live on it. Good luck to your friend x

When you apply, the council will check you are on the electoral role and council tax records.
Then when the schools get the list of pupils they request other documents. We had to send utility bills, Letter from Drs, and council tax statement. Each school can choose what they ask for.

You can call the school admissions and ask what they will ask for.

We were in a rented house and just about to move to another rented house as the rented house we were living in had issues with electricals, we actually moved closer to the school but I checked out this entire process with due dilligence to make sure we wouldnt lose the place.

I wpuld advise calling her council and asking if they require documents other than the electoral role and council tax and also the school and checking what documents they also need.

I made sure my child was registered eith the local dr as this was a thing we needed to also prove. And child benefit statement was coming to the address we were living in.

When we moved after the school placement allocation, I had to find a house within the catchment as the school checked up until the start date that we were living still within catchment.

We also had to be within the catchment at thr time of applying, not moved in within 3 months before applying. Different councils have diffefent rules about this too.
As soon as you start then you can live where you like.

Council tax evidence is important.
Showing the children are with her 50/50 or more is also important. Does she claim child benefit in her name? If not do so promptly.
But look at the council or school's admission policy for the relevant year and talk to the council or school about the oversubscription ranking criteria and how they establish which is the child's primary residence.

It's absolutely fine - it'll be where she lives, especially when she changes her address with the bank, child benefit, mobile phone, goes on the electoral roll straight away, pays her proportion of council tax, etc, etc.