School removing my daughters place

[JustWriter]

Hi 👋🏼 I’m new to this,
just looking for advise basically my daughter got a school place for reception, where she attends nursery however just recently I’ve have to move house due to unforeseen circumstances my mum becoming ill and needing to care for her . So obviously I’ve let the LA know I’ve moved, as I thought it was the right thing to do. However because I’ve moved I’m under a new LA, even though I am on the boarder of each one and haven’t moved far. They have removed my daughters place and passed me over to the other LA well, obviously now I am down for a late application as it’s a new LA and have to start it again. All the decent school places have been taken and they have given me a school that is very poor. I wouldn’t mind any other than the one they have given me it’s that bad I am now considering I will have to homeschool till given a place else where as she is on the waiting list and is number 1. I have appealed the decision what do you think the chances are of winning I think it’s outrageous to remove a school place and give me what’s left when my application was on time and I had no other choice but to move. My daughter even was under the impression she was attending the school as we attended all the school meetings. I’m so disappointed and worrying what will happen any advice appreciated as I’ve never been through this process before

Is it a permanent move?

Appeal the schools decision? I guess it's because it's a different LA.

LAs near private schools are now doing this with Outstanding and Good schools when previously they would have allowed a small move. Use their own procedures against them — eg ask for evidence that school places are forfeited for minor moves.

The council have done things by the book which is to avoid people putting down fake addresses (normally family members) getting the good school places then changing their address to where they actually live. This then prevents actual local people getting the spaces in their area. Unfortunately as someone who has moved you’ve fallen into this bracket.

I know when you’re stuck in this situation it’s hard but it sounds that you’ve done all you currently can do.

@prh47bridge

I thought the school/LA should not remove the place in these circumstances, unless they had reason to believe the original application was fraudulent, which it does not appear to be

@autienotnaughty yes I guess so as the new LA said they wouldn’t remove a place that Is offered, but they have different rules to the other LA. I have appealed so can only see just very frustrating.

@meditrina I know I thought the same I was very shocked as I explained the circumstances and everything they never said it was fraudulent as I was living there at the time of the application and didn’t think I’d be moving. All they said was you are no longer entitled to the place as you are out the catchment area which I do understand but it’s so frustrating having her place removed so last minute and been given such a poor school🥲

No, they are not allowed to do this unless they have evidence that you used an address fraudulently. Which doesn't sound like it's the case.

The experts on the forum who can help you with the appeal if they're available are:
@prh47bridge and @patriciaholm

This is the relevant section of the Schools Admissions Code. This is the law. They cannot remove an offer of a place unless you provided misleading or fraudulent information on your application, which you did not. Moving away is not included as a valid reason.

Is the move only temporary while you look after your mum? That will make the most difference to any appeal, I'd have thought.

Agree completely. Unfortunately some LAs still do this even though it is clearly unlawful. This should be a straightforward win at appeal.

I suspect the LA will try to argue that the move means OP's application was intentionally misleading, even though it is clear she had no idea she would have to move. However, as long as it is clear that this move was unanticipated, the appeal panel should come up with the right decision.

@CastleTower yes I was under that impression but it says this on there website so I’m not sure if I will have a chance winning the appeal 😞worth a try I guess

That is incredibly tough on you - but ultimately their rules are breaking the law and need to be changed.

Take with you (a) the paragraph of the Schools Admissions Code 2021, and (b) any email etc from them where they say that the decision is not based on a fraudulent/misleading application. If you don't have (b), because it was a phone call, send them an email saying "Dear X, I am following up on a phonecall we had on X date where you confirmed that this withdrawal of a place was not based on a fraudulent application, but was because of an unforeseen and unavoidable change of address after application day." Then you have it in writing.

I hope you have a straightforward win!

Nothing they say on their website can override the Admissions Code.

I am not at all surprised to see which LA is involved. They have found a way to persuade the Schools Adjudicator to allow them to put late applicants at the end of the waiting list despite the fact this is clearly not the intention of the Admissions Code. I have represented parents in appeals with them before. So far my success rate is 100%.

it is terrible that Op is being penalised for being honest.
She could have moved and not informed the LA. Once her dd has started at the school she could have then claimed that she was moving.
This is the reason so many lie to get their dcs into certain schools

Thankyou for your advice it is much appreciated. Would you say I have a good chance on winning this appeal? I wouldn’t mind going to another school but I haven’t been offered any of my choices with the new LA as everywhere is full so given a poor school as all this is so last minute but it was out of my hands. I would appreciate your help as I have never been through this process and don’t know what to expect.

If you get a decent appeal panel it should be straightforward. The LA cannot withdraw the place simply because you have moved. They can only withdraw it if your original application was fraudulent or intentionally misleading. You weren't expecting to move. You applied from the only address they would accept at the time of application. They have therefore acted unlawfully in withdrawing the place.

Completely agree with @prh47bridge. This is explicitly against the admissions code.

they Have sent me a letter stating why the have removed the place and in the response states “The Local Authority’s admissions policy is clear with regards to the address to be used to apply for school places, particularly when a child is in an active admission round. The admissions policy states that upon receipt of new information, the local authority reserves the right to reassess any application for a school place up to the first day of term in September 2024”

They can reserve the right all they like. The Admissions Code is a statutory code so has the force of law. They are acting unlawfully. As I say, I am not surprised to see which LA is involved. They seem to think they are above the law. They aren't.

@prh47bridge Do you think it’s best to contact the LA and explain this that they aren’t following the law or just wait for the appeal to give my case then?

Knowing this LA, explaining to them that they aren't following the law won't get you anywhere. They won't accept it. Get your appeal in. I will be happy to help in any way I can.

Am I missing something here with the Admissions Code? It says that the school cannot withdraw an offer unless certain things have happened, but this is a withdrawal of a place, not an offer as the offer was already accepted and place given. The second section says you cannot withdraw a place after the child has started school but does not cover before they’ve started, which is the situation here. There may be other sections that apply to this situation however, I don't know. This is an incredibly unfair position the LA has put you in, OP. Fingers crossed for your appeal ❤️

Yeah that’s true there’s no reasoning with them I don’t know who they think they are. The lady I spoke to didn’t have a clue I explained the situation and she said she’s never come across it so will check with her manager or whatever she said so clearly hasn’t a clue.

It has been established that the words "place" and "offer" are essentially interchangeable in this section. If you can't withdraw an offer, you can't withdraw an accepted offer either.