LEA management of waiting list for primary school - advice please

[beccaboo2]

I'm hoping someone can help me with this. We didn't get into our first choice of primary school because it was over-subscribed, so we accepted a place at our second choice and went on the waiting list for the first. We were number one on the list for ages, then got bumped down one place by a new addition. The LEA knew two places were about to come up at the school, and we were second on the list. I checked with them last week and they confirmed that two places had become available. I explained I was anxious that if they didn't deal with it straight away we might get bumped down again. The staff member said they were too busy to sort it out immediately and it would have to wait until they got round to it.

I've just spoken to them and - guess what? - we were bumped down the list again and didn't get either of the places! Someone came in between the place becoming available and the council dealing with the admin. We are gutted!!

It seems so unfair that the list is considered at the point when they 'get round to it' rather than at the point when the place is actually available. The class is up to 30 now - is there anything at all I can do?

I suppose the other person had higher priority via distance or other factors. But how frustrating, sorry.

Someone with more specific knowledge will be along in a mo - try reposting in primary education - but I'm pretty sure they are NOT allowed to do that. The people offered the places should be those on the list when the places are confirmed available. It doesn't matter that the next applicant had more priority than you- they were not on the list at the appropriate time.

You need to confirm exactly when they got onto the list. If it was after your conversation in which the lea confirmed two places were available at that point (not just that they knew they were about to be) then they have acted incorrectly.

Thanks so much everyone. I didn't know I could appeal an issue connected with the waiting list, I will look into that. Can I win a place even if the class is already up to 30?

Thanks Tiggytape, that's exactly what I was hoping to find out - that they have to take account of the day the place became free - but I couldn't find that in any official document, do you happen to know where I might find it? x

If you have already appealed for a place at this school you may have to take it to the Local Government Ombudsman. If you have not appealed you have the right to do so.

This will be an infant class size appeal. You can win even though there are already 30 children in the class on the basis that the LA has failed to administer its admission arrangements correctly. They must comply with paragraph 3.20 of the 2010 Admissions Code which says, "As soon as school places become vacant, they must be filled from the waiting list". On the information you have posted the LA has not done this and you may have been disadvantaged as a result.

The central question is when the LA received the new application. If it arrived before the place became available but had not been processed the LA has got it right. However, if the application arrived after the place became available the LA was wrong to offer them a place ahead of you. You need to establish:

• On what date did the two places become available
• When was the new application received

If that shows you would have got a place if the LA had allocated it straight away as required by the Admissions Code you have a very strong case for appeal. Indeed, the LA ought to correct its mistake by admitting your child immediately, but I'm afraid many insist that parents go through an appeal.

Brilliant, thanks so much. We have not already appealed, so I'll look into that now - will let you know how i get on!

Beccaboo2 - we are currently 2nd on a waiting list as well however our LEA is reluctant to free spaces through not following the admissions code. I would be interested to know who your lea is, please have a look at my post in Primary Education as it may help you