Can a primary school place be withdrawn due to someone else's appeal?

[Mrsejmarshall]

This is a complicated one. We moved house out of London this year, and our daughter is due to start Reception in September 2012. Our first house purchase fell through over Christmas, so although we went as fast as we could on another purchase, we did not have exchange of contracts (ie proof of address in new area) in time for the primary application deadline (15th Jan). We applied to schools local to the house we were buying, from our London address, and sent various letters from solicitors etc. with our application. We followed this up with exchange of contracts once we had it (about a month after the deadline) and were absolutely delighted to get a place at the local school.

However, another child who falls within the school's catchment (the school has a specific 'community area' on the map, which they are within) did not get a place. This child and mine are at preschool together, and the mum and I had chatted so she knew we had moved into the area after the deadline.

They are appealing the decision, and are naming us on their application as evidence that the council did not follow the correct admissions procedure. I am presuming this cannot have an impact on our place as we have no control over it.

More tricky, they have asked us to help them with their appeal by providing documentary proof that we moved into the area after the deadline. I really want to help them, but am worried that if we volunteer this evidence, and it is then shown to the prove that the council shouldn't have awarded our child a place, that our place will be considered a mistake and will be withdrawn.

Does anyone know whether providing documents makes us liable to having our place withdrawn? I am really keen to help the other family, but obviously don't want to lose our place. The family appealing have consulted lawyers who said that once a place has been allocated (and we have accepted it) then they can't withdraw it. I don't really know who to ask to get a cast-iron guarantee of this - I don't want to ask the council as obviously it's not in their interest for us to provide evidence!

Does anyone have LEA knowledge that can help with this?? Thank you very much!!

i dont believe they can withdraw the place, unless its within a month of offer.

I think you should, however, advise your friend to send a freedom of information request to the admission authority if she believes there are issues. Tell her you are not comfortable having your private family details aired in public, and certainly wont be givng her details of your house purchase as its none of her business. Advise her to follow the right appeals process and ask for the information from the council/admissions authority themselves.

Our LA mention something about people who moved into the area outside the normal application dates which means they make exceptions as your LA has already done with your child. If you gave all the documents and the LA accepted your application as on-time because of the specific nature of your application (even if they never told you the exact details) it means that they also have rules for late applicants who moved to the area and there would have been no other school with places still available to accept your child. This is perfectly legal.

Just tell this lady VERY CONFIDENTLY that your application was treated as on time because of your circumstances, that the LA should be able to tell her that and that it's typical procedure followed by many LAs. Because even if the LA followed the law to the letter you never know if the appeal panel will decide to follow another section of it like the experts here have said. Just steer clear of any involvement in their appeal because in your understanding there is nothing wrong the LA have done. THEY asked you for solicitor, mortgage letters etc and YOU simply gave them on time (ok, not the normal deadline, but the special circumstances of a person moving into the area later deadline).

And I agree with many others: the first thing I also thought was how do they know that your child was the last one to get admitted? How do they know that even if you hadn't moved to the area they still wouldn't have been able to get a place? Maybe there are another 3-4 children who live closer than them or even farther away but with sibling priority.

Just tell her that the LEA has told you that you were on time and that you therefore won't help her case. If she pushes then she's not only questioning them but also YOU and that would indicate she has not got good intentions.

She sees (in her mind) a reason for you to NOT have your place....there is too much at risk for you to get into this.

I would not provide them with documents. I can't see how they could expect you to jeopardise your own child's place to support them. I am sure you are not comfortable in being named in their form yet they have done so. I would say that you understand why they are appealing but that clearly your priorities cannot be the same as you both want a secured place for your own child. I honestly don't think that is unreasonable. If there is any doubt in your mind that your child's place is guaranteed of course you cannot provide documentary evidence to weaken your position!

I would also steer well clear. I think it's pretty cheeky to ask you to help knowing full well there might be a risk of jeopardising your child's place. I hope you don't call her a "friend", friends don't do things like that to each other! Dear me, it is really dog eat dog out there!!

The LEA already have all the info they need from you. Why offer more?

I'd just say to the couple that you already hope their DC get a place but that the LEA already have all the info they need from you and you don't want to rock the boat and risk losing your place.

Definitely don't give them documents - why on earth would you provide evidence that could be used against you (sorry, it's the lawyer in me!).

We moved to East Sussex around the time of secondary admissions and although I can't remember the exact dates I know we applied for the school we wanted for DS1 in East Sussex from our old address saying we were moving, then followed it up with details of contract exchange. We got confirmation of the school place before we physically moved.

FWIW I have had a number of dealings with East Sussex Admissions in very difficult circumstances (another issue) and have always found them incredibly helpful.

I'm another one who advises do not get involved.

Rather - your paperwork could have been mislaid/remain unpacked "somewhere in the mayhem of post move chaos" - and advise that in anycase the council will already have this information ..

Well, it's all sorted. Honestly, the other family are very very nice! Everything has been discussed frankly and openly and they just asked if we would do them a favour - haven't put us under pressure at all. I have said that I'm just not comfortable with it and that was fine. So, no risk to my child's school place and hopefully their child will get one too and we will all go on to school together! Thanks for advice everybody.

Oh that's good.

Glad it's sorted. It must have been very embarrassing for the other parents to have to ask you, be kind to them (some people think this stuff is life and death for a few weeks during the admission period) :)

It does feel like life and death at the moment! Hard to keep it all in perspective (even considering we're the ones who did get our child into the school we were hoping for!). :)

Believe me three weeks into term you really don't give a stuff.