Secondary school admission - moving house after deadline

[MirandaWest]

My XHs girlfriend and her DS will be moving to live with him at some point around July-August 2015. Her DS will be due to start secondary school in September 2015. This will obviously be after the secondary admissions deadline.

XH and I have a DS who will also be starting secondary school in 2015. I am the RP and we live in the catchment area for a school that both XH and I hope DS will go to. This school is oversubscribed. Plus catchment is a higher priority than sibling link. And XH doesn't live in the catchment for that school, although he will be moving when his gf and her DS move down here.

XH would prefer it if his DSS were able to go to the same school as DS. Is there any way that can happen? I'm thinking it sounds very unlikely. Was wondering if XH moved into the catchment and DS had been allocated a place that a sibling link could be used (as DS would then have a place to start in the September) but as all places would have been allocated, surely they'd need to appeal anyway?

There's no possibility of them moving earlier as XHs gfs DD will be in her last year of school next year and so can't change school then (also they are in Scotland whereas we are in England, so it would be even harder to move the DD anyway).

I have suggested XH gets in touch with the council but was wondering if anyone else has had anything similar happen?

Thank you very much :)

Can I just clarify the sibling position - would that only be the case if DS lived in the same house all the time? DS lives with XH some of the time although less than 50% of the time.

The school is always oversubscribed and unlikely to change I think so I suspect there is always a waiting list. I suppose XH needs to find a house as close to the school as possible and hope! Or as I suspect will be the case accept that his DSS will need to go to a different school.

Can I just clarify the sibling position

Each LA has its own rules on this. You need to check the admissions information on their website. However, in the situation you describe I would expect most LAs would say it doesn't give sibling priority.

Have found how the LA defines siblings, and it is defined as "brothers or sisters living in the same house as their primary place of residence". So even once DS has started secondary school there won't be a sibling link anyway.

Think XH was hoping it would be a case of turn up and say he'd like a place there - he does often get his own way mostly by smiling but not sure it will work here. Just must make sure he doesn't try and influence where DS goes based on where DSS might go. The LA also says it should be based on where child spends more time so I know that will be based on my address.

Sibling link only usually counts if they are 'ordinarily resident' at the SAME address, which has to be the one that Child Benefit and any Child Tax Credits are paid to.

So if YOU had a partner that moved in with a DC that age, a sibling link would be invoked. It's unlikely that it will for an out-of-catchment step sibling to an in-catchment child.

The XH's DSS will have to wait until they have an address FIRST before they can apply to go on the waiting lists of any schools too. If they move as soon as Scottish schools finish in the June, there is a possibility of being added to the waiting lists of schools as a late applicant.

If they don't move by the end of the school year, then your XH's DSS will probably be placed in an unpopular (probably underperforming) school quite some distance away from wherever they are living.

He will find that a winning smile won't change the rules!