Please help- place withdrawn!

[StellarforStarofAfrica]

DD has had her place withdrawn for our 1st choice school, on the basis that her foster sibling won't be starting in their nursery until January, and not September.

They have just picked this up now due to an internal audit, and for the last 6 weeks, we've been telling her she's going to the school attached to the nursery she's been attending.

I am devastated. Not only has she missed the first appeals date, she is now probably at the bottom of the waiting list, all because of an admin issue at the admissions office.

The admin officer I have spoken to was very lovely, and explained all the protocol to me, but I am still fuming! Ther is NO WAY she is going to go to the school they have allocated her, she wouldn't last a week there, so it's either get through to first choice on appeal (I have no idea how likely this is) or home ed (gulp) which I have no idea of how to do.

Has this happened to anyone else? If so, how did you get through it?

Sorry this is a bit of a stream of consciousness, but I am really shocked and upset.

Oh, I was hoping he was going to come back with better news.

To be fair, bosslady deserves some leave - she's been in an awful lot of meetings lately...

Of course they can give you a copy of your form. If they don't that is something else to bring up at appeal. It certainly classes as information you have reasonably requested which they must therefore supply.

They are required to notify you of the date and arrangements for the hearing at least 10 school days in advance. Note that it is school days, NOT working days. If schools in your LA break up on the 20th there are only 10 school days left after today. Leaving it until the middle of next week to send this information is a clear breach of the Appeals Code.

Keep the LGO informed of all this. I don't think they will be very happy with your LA.

Well, I've e-mailed the MP, so he might get back to me soon. I sent him a copy of the appeal I wrote so he can read it at his leisure (!)

Thanks for that prh47- I will add that to my list!

Rackandruin, you made me snort then!

They have to give you a copy of the application (If it was online can you still log in & look at it or did they email you a PDF copy (my LA do) me being paraniod I also took screen shots of my submitted application for DS just in case!)

The only "defence" they have for the appeal is that you submitted deliberately false info on your application hence they were correct to withdraw the place, so the content of your application is central to their case and a such you have a right to a copy.

If they can't prove that (and we know they can't and they have admitted as much!) then they don't have a leg to stand on...

PS yes definitely email him and confirm the conversations you have had in writing :)

Ooh you are doing SO well....I love that you're just sticking to "I. Want. My. Place. Back."

They'll be quaking in their boots hopefully!

Keeping fingers crossed for you Stellar.

Delurking - so this will appear in Threads I'm On, as I really want to see the end of this story. Wishing you well, Stellar.

Well done. It is a shame it was not better news today but keep at it. Dont let bosslady and her incompetent numptie colleagues get the better of you.

Hope your MP gets back to you soon.

Does the freedom of information act allow you access to your original form??? I have no idea, as sadly I am fairly intellectually challenged but thought I would mention for someone more switched on than me to comment on. If so its another thing to quote at them.

I've been reading your thread OP and really hope your DD gets the place. Poor little girl thinking she's going to the school and now this after so long. Am rooting for you!

Stella...keeping everything crossed for you ...

Your poor little dd ..and you being in limbo not able to be prepared or get excited for september...Since they have said it was their error could you claim compensation for all the stress they cause you and the expenseand time for all the phone calls and stuff ???

Bloody frustrating, something yet nothing today - but hopefully things will suddenly start to shift for you. I have everything crossed for you.

Of course they can supply a copy of your application. I work on the 'other side of the fence' preparing my school's case for admission appeals and one of the things we are required to supply to the appeal panel is a copy of the original application and the letter sent refusing a place. I work for a foundation school which is it's own admission authority but all applications are handled by the LA under co-ordinated arrangements. I have to request a copy of the application and the letter from the admission dept at the LA as we do not receive them in school and they are always supplied without a problem.

How about writing to the education secretary?

Good luck. Want this to be on my Threads.

As others have said the LAs case for removal of the place is all to do with what you put (allegedly) on the form and how it is misunderstood.
If they do not produce the document then there is no case.
The regs are that the information has to be misleading for them to remove the place under the 2009/10 admission regs not misunderstood! In the 2012 admission regs it does allow a mistake to be rectified with the place being removed, so it is vitally important that you ensure that the appeal panel are working to the 2009/10 admission code but the 2012 admission appeal code.

bloody hell.... that is all! what a load of idiots. Good luck you must beat them.

admission I know :(

They must be working to the 09-10 admissions code though, right? As I've not had an answer to said e-mail yet, I am thinking it's one of two things-

I (read we, Mumsnet) am definitely right and they are using the wrong (2012) code and have messed up, when legally/procedurally they should be using the 2010.

or

They (read horrible, horriblepeople) the LA are in fact right and are just waiting to shaft me good and proper in the appeal.

:(

I hope it's the former.

goingbacktowork I am so close to breaking out the Cross and Conqueror and sending the Rt. Hon. Mr. Gove!

dajen I don't know what he was thinking trying to fob me off with that. Little does he know, DP is in IT so he told me aaaaages back that it would be entirely possible to get a copy of that form and how they would have to do it.

I am of the view that they should be using the 2010 Admissions Code. But even if the 2012 Code is used, whilst it allows them to remove a place following a mistake, I would hope that the LGO sticks with its previous view that they must do so within a few days of making the offer.

That's what I was thinking, prh.

Also, it comes under the grounds of reasonableness as well I think; I do have several points, but this is the big one!

Well, because it's Diners, Drive-ins and dives or boring you all to death, here's my e-mail to BossBossman today.

Hi BossBossman,

Thank you for taking the time to speak to me today about DD's admission case.

Can I just confirm the main points we spoke about over the 'phone today.

• I am disappointed that the appeal date set for DD is the 26th July, almost 3 weeks away. Having been told by Democratic Services that this was based on Bosslady's availabilty, you agreed to look into it and were unable to move it.

• I am also disappointed that I have had to call Democratic Services myself to get the appeal date (apparently no time has yet been set) and I have not yet received the information that I require by post. I look forward to receiving this, however, within the stated 10 school days.

• You stated to me that you had seen the application I had submitted and could understand why your colleague had awarded the place in error. I stated that the information I entered was misunderstood, not misleading, as has been confirmed by Bosslady.

• I am also requesting a full copy of the online application form that I completed.

• I am also disappointed that Bosslady has not been able to reply to the three questions that I asked her, hoping the answers would help formulate my appeal. The questions were as following:

a- Please confirm the info I provided on the form was not misleading.
b- Please could you confirm that you are basing your refusal to reinstate my daughter through the application of the 2012 admissions code to my case.
c- Please confirm you are disregarding this statement on the Dept of Ed website ""The [2012 code] will not affect the next admissions round (for entry in September 2012) but will take effect for the September 2013 intake." when deciding which code to apply.

• I am also disappointed, that despite being advised otherwise, DD is now at a great disadvantage with regards to her appeal. On the original paperwork that those who were given the chance to appeal in the first instance (ie: 13th April) there are a stated 70 places offered. 3 have been offered through the appeals held 25th and 27th May and today you informed me that 90 places were available and now filled for X.

• I am also disappointed that Bosslady neglected to differentiate between the 2 places being withdrawn because of misleading information and my daughter place being withdrawn because of a LA mistake when speaking at the joint appeal. Obviously this is subjective, but I have had several parents tell me about this, as, unfortunately, I was not at the original appeal.

As you advised I will be ensuring that I make the panel aware of the distress that this decision is causing not only my daughter but myself, and including some supplementary information for the panel (hopefully having received the answers to my questions) early next week.

For the sake of urgency I will fax this so DS have the time to send copies to the appeal board.

Thank you for your time today

Aaaaand... It's gone. Hope he enjoys that one monday morning.

Good luck!

I have been following this, and had read the thread aaaaaaages back. So sorry to hear this is still going on.

Awesome email :)

Thanks Sweet and Juicy x

Impressive, you are bloody good your know!