Moving house and admissions - again

[EggyMcEggMcSandwich]

Hello, I posted this topic a couple of weeks ago and had some great advice, thanks. However, having read the LEA's admissions booklet I am confused again, and a bit fretful. And apologies in advance for sounding thick.

To recap, we are moving house between submitting our application for reception and allocation date. We are not changing our preferences as we are in the same area but a little further from our preferred oversubscribed school.

I understand that we would not be a late application and that most LEAs use the address on the application form after a certain date, in our LEA's case (Essex) 12/02/12. My LEA's admission booklet states that after 12/02/12 they cannot guarantee that they will use the new address for school allocation. Does this sound to you like that they will try to change our application address?

The second confusing bit - on the page detailling late applications they state as a footnote that ''It is not possible to treat any application received after 12 February 2012 as on time. In addition, any applications or change requests received after 31 March 2012 will be held and not considered until after
the first round of offers on 18 April 2012''. What does this mean? Is is purely in relation to late applications or could it also relate to a change of address to an on-time application? The date of 31/03/12 is not mentioned at all on the 'Moving house' section.

Many thanks in advance.

I can't add much to what Admission said on the old thread.

The bit about not guaranteeing to use the new address is aimed (as I read it) at people who have moved house and want to change their preferences, based on the new address. If they do this after 12 Feb, the LEA may or may not use the new address as the basis of the application.

As far as I can see, you notified the LEA of a change of address but that was it - you didn't (especially if you followed Admission's advice about an explanatory email) submit a new application or change your preferences. So, that means you are still an on-time applicant, measured against the old address but with the new address for correspondence. I don't, therefore, think any of what you've just quoted is going to apply to you. However, if you are still fretting over this then, instead of asking anonymous people on MN, you need to ring the LEA's schools admissions team and ask them.

I agree with what panel member has said, there should not be a problem, what you are quoting is just Essex's way of expressing the same thing.
If you are concerned then you should talk to the admission office and ask them to just confirm that they are using the old address for admission purposes.

Hello again,

Need a little more advice: I spoke to the LEA admissions who confirmed they would use our new address for school allocation. Drat, said I.

Appreciating that, yes indeed, my son has been moved a little further than our catchment school, I have been searching for a straw to cling on to in the event I may like to appeal and I came across a document titled 'Determined Admission Arrangements'. I understand that this is the document created by the LEA which sets out the policies for school admittance. Regarding home address it states:

"Applications will normally be processed on the basis of the home address for the child at the time of application and determination, unless, where there is a new home address, proof of an exchange of contracts or copy of a tenancy agreement can be provided by 10 February 2012."

Now, that looks quite clear to me that the LEA use an old address for allocation if the move occurred after 10th Feb (and as confirmed by the posters above). Using my new address they will have deviated from the conditions set down in their Determined Admission Arrangement.

Have they committed an error here? Could I use it for grounds for appeal, should the need arise?

Eggy,
I think from reading the determined admission arrangements that you are completely correct, the LA should not have used your new address after 10th Feb for determining the school place, only for administration purposes. That is definitely what happens in many LAs
The problem is that further along in the document there is a section on late applications and it talks about change of preference being allowed if the circumstances are deemed exceptional. Whether it is exceptional will be decided by a panel of LA officers but there is no hint about what exceptional might be considered as. It does not mention change of address but it could be the person you spoke to is confusing address with change of preference.
The only thing you can do is wait until you get your allocation and see what it says. If you get the right school OK, if not then the question that then needs to be asked is what address was used. If they have changed the address after Feb10th then I believe that you should appeal on the basis that the LA did something incorrect and it is maladministration.

Admission, thank you very much for your reply. DH and I do imagine that the person I spoke to has the wrong end of the stick (had to refer to a colleague for the answer). Let's see what allocation day brings!

If we do need to take this to appeal, do you think there is a good chance of winning? Could the LEA defend itself here?