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Original poster

School place withdrawn

103 replies

LittleHens · 21/03/2025 04:15

@prh47bridge @schooladmission and other admissions experts I would be grateful for advice. My daughter received an offer at our 1st preference school on National
School Offer Day (3rd March) which we accepted later that day. Yesterday (20th March) we received an email from the LA to say that her place had been withdrawn as ‘unfortunately, the system did not pick up the out-of-borough address and calculated the school offer based on your old address we had on our system’.
Needless to say my 11 daughter is heartbroken.

We realise she would not have got a place based on the admissions criteria (we are now out-of-catchment) but for the LA to withdraw the offer after 17 days when it is their error (and not a fraudent application) is unacceptable in my mind. Can anyone offer any advice on the appeal process?
Thanks!

OP posts:
stillwaitingtobepaid · 21/03/2025 22:50

A slightly different perspective but my daughter missed her school choice in Kent,she passed her 11+ and we live in a village where historically absolutely no child would miss out at the school.
My daughter the only child to miss a place….husband and I were on a mission and proved that the girls that did get in at appeal had parents who did not live locally,so as a parent I feel very strongly that if you don’t live in the neighbourhood for catchment schools then don’t apply!
Sadly children were then disappointed because their place was taken away.
Sorry but not sorry for the children,their parents need to stop lying!

prh47bridge · 21/03/2025 22:33

RedHelenB · 21/03/2025 20:56

What's the difference time wise though? It's still months before any induction days/ school.start date.

Show quote history

When a mistake is made like this, the longer the LA leave it to correct matters the less likely the child will get the place they should have got if there had been no mistake. Also, parents may have started spending money on uniform or entered into other financial commitments based on their child going to the offered school. It is therefore important that any mistake is rectified rapidly.

However, there is no need to justify the reasoning of the courts or the LGO on this. The combined effect of their decisions is that an offer made in error can only be withdrawn in the first three days. After that, the offer stands. Anyone arguing for a longer deadline would need to convince the courts.

OhCrumbsWhereNow · 21/03/2025 21:36

LadyLapsang · 21/03/2025 20:49

So you lived in London Borough A and your younger child attended an in-LA primary, and your older child gained a place at the preferred in-LA secondary. Once both children were in school you moved house to London Borough B but kept both children in their existing schools at the original London Borough A? Did you change your home address with the both schools and in any dealings with children’s services to your new address in London Borough B (I.e. London Borough A would not have a reason to believe you still lived at your old address). You then applied for secondary school for your younger child via London Borough B for the preferred secondary where your older child is still a pupil back in your previous home LA, London Borough A?

That's all irrelevant.

We lived in London, sent DD to primary there, moved out of London in Y1 but kept her at her primary. They knew we now lived over an hour away - that is not an issue, once you have a place you can move anywhere you like as long as you're there for start time in the morning.

You don't lose a rightfully gained place just for moving out of catchment.

lavenderlou · 21/03/2025 21:00

LadyLapsang · 21/03/2025 20:49

So you lived in London Borough A and your younger child attended an in-LA primary, and your older child gained a place at the preferred in-LA secondary. Once both children were in school you moved house to London Borough B but kept both children in their existing schools at the original London Borough A? Did you change your home address with the both schools and in any dealings with children’s services to your new address in London Borough B (I.e. London Borough A would not have a reason to believe you still lived at your old address). You then applied for secondary school for your younger child via London Borough B for the preferred secondary where your older child is still a pupil back in your previous home LA, London Borough A?

So long as they put their current address on their application, none of that matters.

Creamsnackered · 21/03/2025 20:57

LadyLapsang · 21/03/2025 20:49

So you lived in London Borough A and your younger child attended an in-LA primary, and your older child gained a place at the preferred in-LA secondary. Once both children were in school you moved house to London Borough B but kept both children in their existing schools at the original London Borough A? Did you change your home address with the both schools and in any dealings with children’s services to your new address in London Borough B (I.e. London Borough A would not have a reason to believe you still lived at your old address). You then applied for secondary school for your younger child via London Borough B for the preferred secondary where your older child is still a pupil back in your previous home LA, London Borough A?

Why is any of this relevant? She submitted an application with an address, the LA used her old address. Surely that's all that matters?

RedHelenB · 21/03/2025 20:56

prh47bridge · 21/03/2025 07:33

Precedents (a case that went to judicial review and an LGO decision in case 99C01876) suggest that they can only withdraw a place offered in error if they do so within 3 days of the offer being made. 17 days is far too long. Point this out to them. If they persist, appeal on the basis that the LA has taken too long to withdraw the offer. Provided you get a well-trained appeal panel it should be an easy win.

What's the difference time wise though? It's still months before any induction days/ school.start date.

Dolphinnoises · 21/03/2025 20:52

Does this secondary not put siblings above distance?

LadyLapsang · 21/03/2025 20:49

So you lived in London Borough A and your younger child attended an in-LA primary, and your older child gained a place at the preferred in-LA secondary. Once both children were in school you moved house to London Borough B but kept both children in their existing schools at the original London Borough A? Did you change your home address with the both schools and in any dealings with children’s services to your new address in London Borough B (I.e. London Borough A would not have a reason to believe you still lived at your old address). You then applied for secondary school for your younger child via London Borough B for the preferred secondary where your older child is still a pupil back in your previous home LA, London Borough A?

Meredusoleil · 21/03/2025 19:54

LittleHens · 21/03/2025 18:35

@LadyLapsang it is all very straightforward. We moved two years ago… applied on time via our new London Borough with our current out of catchment address. However, due to the system / an administrative error the LA linked my daughter’s details to our old address with was in the school’s catchment area. Very stressful. We would have been disappointed with getting our second choice on the 3rd March but we clearly would have accepted it based on the admissions criteria and remained on the waiting list for our first choice. However, the issue I am
appealing against is the 17
days it took for the LA to realise / rectify a mistake which in my mind is unacceptable especially for an 11 year old who was looking forward to starting secondary school with her sister and friends.

Would she not have got a place on sibling priority even though you are now out of catchment? Or are you in one of the London boroughs/is it a school where there is no sibling priority eg. A Catholic or C of E school?

Lougle · 21/03/2025 19:18

LittleHens · 21/03/2025 18:35

@LadyLapsang it is all very straightforward. We moved two years ago… applied on time via our new London Borough with our current out of catchment address. However, due to the system / an administrative error the LA linked my daughter’s details to our old address with was in the school’s catchment area. Very stressful. We would have been disappointed with getting our second choice on the 3rd March but we clearly would have accepted it based on the admissions criteria and remained on the waiting list for our first choice. However, the issue I am
appealing against is the 17
days it took for the LA to realise / rectify a mistake which in my mind is unacceptable especially for an 11 year old who was looking forward to starting secondary school with her sister and friends.

I think you have an even better case if your house move was two years ago and completely unconnected to your application, other than the LA's error.

Original poster
LittleHens · 21/03/2025 18:35

@LadyLapsang it is all very straightforward. We moved two years ago… applied on time via our new London Borough with our current out of catchment address. However, due to the system / an administrative error the LA linked my daughter’s details to our old address with was in the school’s catchment area. Very stressful. We would have been disappointed with getting our second choice on the 3rd March but we clearly would have accepted it based on the admissions criteria and remained on the waiting list for our first choice. However, the issue I am
appealing against is the 17
days it took for the LA to realise / rectify a mistake which in my mind is unacceptable especially for an 11 year old who was looking forward to starting secondary school with her sister and friends.

OP posts:
LadyLapsang · 21/03/2025 14:59

Out of interest, on what date did you submit your application, on what date did you know you were moving (exchanged contracts or signed a lease), on what date did you move and on what date did you inform the LA of the change of address?

NaughtyParent · 21/03/2025 10:25

plushi · 21/03/2025 09:56

If anyone does want to find it, the National Archives website might help. They have archived copies of government websites. I have found old schools adjudicator determinations there in the past.

Show quote history

Are these what you're looking for?

<a class="break-all" href="https://web.archive.org/web/20120604221234/www.lgo.org.uk/complaint-outcomes/education/education-selected-older-cases/york-city-council-99c01876/" rel="nofollow" target="_blank">https://web.archive.org/web/20120604221234/www.lgo.org.uk/complaint-outcomes/education/education-selected-older-cases/york-city-council-99c01876/

<a class="break-all" href="https://web.archive.org/web/20120604234104/www.lgo.org.uk/GetAsset.aspx?id=fAAxADEAOAAyAHwAfABUAHIAdQBlAHwAfAAwAHwA0" rel="nofollow" target="_blank">https://web.archive.org/web/20120604234104/www.lgo.org.uk/GetAsset.aspx?id=fAAxADEAOAAyAHwAfABUAHIAdQBlAHwAfAAwAHwA0

Edit: Mumsnet seems to have a problem with the format of these links. Copy from "https" to the end and paste them into your browser.

Original poster
LittleHens · 21/03/2025 10:17

@prh47bridge that is good to know - thanks for the clarification

OP posts:
prh47bridge · 21/03/2025 10:07

lolacherricoke · 21/03/2025 10:00

The audacity, you fraudulently applied for a school place that you knew you should not get at you are putting the blame on others!!

The wording of the withdrawal in the OP is clear that the LA was aware of the correct address but used an old address. They do not say that OP's application was fraudulent or deliberately misleading. OP is putting the blame where it belongs - with the LA.

prh47bridge · 21/03/2025 10:05

LittleHens · 21/03/2025 09:53

@prh47bridge do you know if the case was after the school admission code was changed to removed the 3 day timeframe? Or was it when the 3 day timeframe was supposed to be adhered to?
thanks

The 3 day timeframe has never been in the Admissions Code. It has only ever been case law based on a judicial review and an LGO decision.

plushi · 21/03/2025 10:03

lolacherricoke · 21/03/2025 10:00

The audacity, you fraudulently applied for a school place that you knew you should not get at you are putting the blame on others!!

No she didn't. She put it as a preference on her form, as she is perfectly entitled to do. She used her correct address. The LA made a mistake.

lavenderlou · 21/03/2025 10:02

lolacherricoke · 21/03/2025 10:00

The audacity, you fraudulently applied for a school place that you knew you should not get at you are putting the blame on others!!

Read the thread. OP applied with the correct address, LA made a mistake.

lolacherricoke · 21/03/2025 10:00

The audacity, you fraudulently applied for a school place that you knew you should not get at you are putting the blame on others!!

plushi · 21/03/2025 09:56

prh47bridge · 21/03/2025 08:54

You won't find it on the LGO website any more as it is quite an old case. Don't worry about searching for it. Simply reference it.

If anyone does want to find it, the National Archives website might help. They have archived copies of government websites. I have found old schools adjudicator determinations there in the past.

Original poster
LittleHens · 21/03/2025 09:53

@prh47bridge do you know if the case was after the school admission code was changed to removed the 3 day timeframe? Or was it when the 3 day timeframe was supposed to be adhered to?
thanks

OP posts:
prh47bridge · 21/03/2025 08:54

You won't find it on the LGO website any more as it is quite an old case. Don't worry about searching for it. Simply reference it.

Original poster
LittleHens · 21/03/2025 08:36

Thank you for the advice. Is anyone able to point me to the actual LGO decision? @prh47bridge I’m searching on the LGO search function and can’t find it. Have tried:
99C01876
99/C01876
99/C/01876
99/C/1876
Thanks

OP posts:
Lougle · 21/03/2025 07:46

justanothercrapbedtime · 21/03/2025 05:36

how can it not be fraudulent when did you move? Applications closed only a few months ago so you would have already been in the process of moving…

The very fact that the email states that the system didn't pick up the new address, shows that they were informed of the move.

This is on the LA. They didn't notice in time, so they have to honour the offer. Withdrawing the place now puts @LittleHens and her daughter at a huge disadvantage because all places have been allocated.

@LittleHens use @prh47bridge 's advice and in the first instance, write an assertive email stating the fact that they are out of time, as supported by the LGO decision. Hopefully that will head this off and you won't have to go to appeal. If it doesn't, you'll appeal on the same grounds, but you can also add an 'if the panel does not agree that the withdrawal was out of time, here are the reasons why DD needs to attend this school' section.

prh47bridge · 21/03/2025 07:33

Precedents (a case that went to judicial review and an LGO decision in case 99C01876) suggest that they can only withdraw a place offered in error if they do so within 3 days of the offer being made. 17 days is far too long. Point this out to them. If they persist, appeal on the basis that the LA has taken too long to withdraw the offer. Provided you get a well-trained appeal panel it should be an easy win.