Need advice about admission

[17anna]

My child got a places in her first and second choice schools, of which we accepted first choice. We were all happy and in the mean time i got job offer which i was able to accept because my child was admitted to this school(friend got child in the same school and agree to drop and pick my child up).Today we got phone call from Lambeth informing us that this place was withdrawn because it was offered in error. They said that she can go to her second choice school but my situation changed and this choice is not valid any more(got nobody to take my daughter there). I can not give up job because my employer would have to give up hers.I ask them if she could go to another school nearby but they said they haven't got any places and it wasn't on my list. I really don't know what should i do? I don't know if i can still appeal( deadline was last week)? If only they did let me know 2 weeks ago i would not committed myself. pls help.

That isn't directly covered in the Admission Code. Paragraph 1.50 is the most directly relevant. However, what is relevant is a decision by the Local Government Ombudsman in case 99C01876. In that case the LGO ruled that a 3 day delay between making an offer and withdrawing it was too long and supported the LA's eventual decision to admit the children affected.

Yes, I agree with you panelmember about what the council said - it is just really galling when they use phrases like that, when it's not her fault that this fiasco has happened.

Keeping my fingers crossed for you ,17anna. Maybe you can write down a list of all the points prh, admission and panel have mentioned about the situation so that you can say them when the time comes. I think you sound focused enough to be able to make a good case without going to the expense of a lawyer, whose presence might turn out to be counterproductive.

At what stage School Adjudicator or LGO are getting involved?

You shouldn't need either of them in this case.

If you think the admission arrangements are in breach of the Admissions Code you can refer the matter to the Schools Adjudicator. If they agree they will tell the school/LA to change their admission arrangements. That doesn't seem to be the problem here.

If your appeal fails you can refer the matter to the Local Government Ombudsman. This is not a further appeal as such. However, if the correct process for the appeal has not been followed or the panel has made a decision which was not available to them on the facts of the case (e.g. ignoring clear evidence of maladministration) the LGO can recommend a further appeal or recommend that the school admits your child. LAs always follow the LGO's recommendations in school admissions cases as do most schools, although there have been a few cases of faith schools ignoring the LGO. Hopefully you won't need to go there.

Today got welcome letter from my second choice school giving dates of meetings etc. I have never accepted place there. On Monday I still thought my child is going to first choice school. I didn't get a chance to put my head around this issue and decide what to do next.Are they assuming I won't appeal? I feel as if somebody is making decision for me.

No, they are just following their process. You haven't rejected the place so they are working on the assumption you will accept. You would have good reason to feel upset if you weren't invited to meetings at this school but ended up going there if you lost your appeal.

Am I right in thinking it won't affect your chances of appeal at the preferred school if you accpet the second choice school? Or go on the waiting list for the other nearby school?

17Anna - as regards the other school close by, is it close to your home, or your friends? Because as I understand it, waiting lists are based on the original criteria, so if you are the person who lives closest to the school, you would go to the top of the list, except f the other prioity admissions (looked after chikdren etc) and in frnt of people who put the school down originally bt live further away. So do get on that list.

Could expert MN-ers here draft the letter Anna17 should submit?

Blu other school is closest to our house. It's not the best school but still it will do as long as i have somebody to take her there.

Blu - You are correct. Accepting the second choice school and going on the waiting list for other schools does not damage your chances of success at appeal. Rejecting the offered place can damage your appeal but accepting it certainly won't.

Whilst I occasionally suggest wording for submissions to the LGO or the Schools Adjudicator, I try to avoid drafting appeals here as I think they are better in the appelant's own words. However, I am always happy to look over the appelant's proposed submission.

oo prh47bridge thx. Would something like this do?

Re: Withdrawal of the school place for my daughter ...

Dear Lambeth School Admissions

I am writing this letter with regards to our telephone conversation held on 10.05.2011 concerning the withdrawal of my daughter's place at PP School. I find this unacceptable that after over a month since the place was offered (and accepted) it can be withdrawn by a telephone. I understand that under paragraph 1.50 of Admission Code places can only be withdrawn under certain circumstances and I also believe that there is no legal precedent for withdrawing a place after this time. The letter assured us of the place at PP School therefore we have made some necessary arrangements for school run as we both are not available to do so. Withdrawal of the place put us in an extremely difficult situation as it is very difficult to make alternative arrangements just before summer holidays. Can you confirm that the place at Julian's Primary will be made available and if not please give the specific reasons as to how this place was offered in error. We expect a written statement of how this situation was caused.

Anna,
I would go as far as saying that if they have not informed you in writing then they have not removed the place. They surely cannot believe that a simple phone call is enough in such cases.
As such i would tend to be more positive about the place being yours and force them to come back in writing removing the place.

I agree with Admisson. I would also switch the "there is no legal precedent for withdrawing a place after this time" to say "previous decisions by the Local Government Ombudsman indicate that a place cannot be withdrawn after this length of time even if it was offered in error".

Just sent the letter to LA. Do you think that I should inform school that I intend to appeal and ask for all the forms or wait for LA response? After all I didn't get any official letter from them withdrawing the place.

I would inform the school as well as they are their own admission authority. They must also be aware of the situation and are probably as culperable as the LA in just wanting you to go away, rather than deal with the situation

In that case I'll send a request for appeal form. I really appreciate you help. Thanks everybody.

I wouldn't opt for Fisher Meredith as solicitors anyway. They used to be excellent but the original team which earned their reputation all left around a year ago.