Please help- place withdrawn!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DD has had her place withdrawn for our 1st choice school, on the basis that her foster sibling won't be starting in their nursery until January, and not September.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

Best of luck

Op here is the link again to the Statutory Instrument about which admissions code they should be using ( if link works as on my phone)www.legislation.gov.uk/uksi/2012/8/regulation/3/made it should definitely be the 2010 one.

Great email.

Why on earth did they do the appeal in two batches? This is discrimination surely. I have never heard of this, it is very unfair.

If i was you, i would be looking at your next steps ( legal) you need to make it very vey very clear that you will take this to judical review.
You might just want to start requesting all information, emails, meeting notes, forms that concern you, (you are legally entitled to this information under the freedom of informtion act)

Get onto the legal department, copy in the admission department. Explain that you need this information for the legal case that you and your barrister are building.

I have said it before the best way to deal with stupid, incompetant people is to bypass them.

When you win, still take this further, its not just about you its about everyone they treat badly. The more vulnerable in society would have accepted their crap!

The appeals are in two batches because this is a late appeal due to the LA withdrawing the place late. The LA is not required to postpone the initial round of appeals just because there is a late appeal. In that respect they have acted correctly.

It is too early to talk about judicial review. That comes after the appeal and I would recommend the LGO first. They should be faster than judicial review and cost nothing, win or lose.

The information is not all covered by the FoI Act. However, it is all covered by the Admission Appeals Code which requires the LA to answer any reasonable questions to help the OP prepare for the appeal.

I don't know how you think the OP can take this further after winning. At that stage neither the courts nor the LGO will be willing to do anything.

Betsy, this is the bit I'm after, right?

Revocations and amendments

3.?(1) Subject to the savings in paragraphs (2) and (3) the following Regulations are revoked?
(a)the School Admissions (Admission Arrangements) (England) Regulations 2008(1); .
(b)the School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008(2); and .
(c)the School Admissions (Local Authority Reports and Admission Forums) (England) Regulations 2008(3). .
(2) The Regulations in paragraph (1)(a) continue to have effect in relation to the arrangements under which pupils are admitted to schools in England for the academic years 2011-2012 and 2012-2013.

yep, it's basically saying that the 2008 regs and related admissions codes (which the 2010 version was the latest) are revoked BUT (and it's a crucial but) they should still be used for admissions in 2011/12 & 2012/13.

As PRH says though, I would hope that the LGO would still deem withdrawing an offer weeks later was not acceptable, even though this topic isn't specifically mentioned in the new code, otherwise how long is too long? They surely wouldn't sanction a position where a LA could (for example) withdraw an offer the day before a child is due to start school?

Been lurking, fingers crossed for you.

stellar I have just read through this. I am ed and for you and your DD.

I have no idea about admissions policy etc and am grateful you have lovely MNers here to help you.

I do however work in education and am disappointed and angered by the fact that they will do all this after the school year has ended - effectively disadvantaging your DD by her missing her settling in visits. It just dispairs me that they can make a mistake and then be so blaise about the fact your DD has no school place.

It just beggars belief quite frankly. I wish you all the luck with your appeal.

Sorry, another lurker who is crossing her fingers for you.

I don't know much about admissions so not much advice to offer... However, when Rainydayagain says you are entitled to all the information about you, I think they are right, but meant the Data Protection Act rather than FoI? (Although prh says you are also entitled to it because of the admissions code, which I wouldn't have a clue about....). Best wishes for eventually getting this all sorted.

A lot of information is available under the DPA or the FoI but the Admission Appeals Code (paragraph 2.8) is your friend here. It says the LA has to provide any information you reasonably request and, importantly, means they have to provide the information quickly enough to allow you to prepare for your appeal. The DPA and FoI timescales may leave you still waiting on the date of the hearing. I would therefore always quote the Appeals Code at recalcitrant LAs rather than DPA or FoI.

Fingers crossed for this to be resolved before the 26th.. "interesting" how they have still not confirmed they are ignoring the right code ha..

Stellar How is DD with all this? Hope she isn't upset by it all.

I have been watching this thread, and am posting so that it's on my 'thread's I'm on', and to keep my fingers crossed for you.

Brilliant email.hope he has the balls to answer it!

stella.... hope you get some e-mails tomorrow...good night x

Oh no, I was following this originally and clicked back on it assuming you'd be sorted by now. Best of luck - the UK school allocation process stinks!

The English school allocation process stinks, with its variable catchment areas and VA schools.

The Scottish system is different, with fixed catchments and no VA schools (so the only "in-catchment" requests that are refused are those that move into an area mid session - and they're top of the list after cared-for children to get into the school), so none of the angst of the English system.

Ace email!

Good luck for this week Stellar. Hope there is some positive progress.

It's called Planning and seems to be something that LEAs, especially in London are spectacularly bad about.

I live in inner city Glasgow in area where the population is growing - like London with a broad ethnic mix. Ds' old primary school (he's just left) was 2 kids away from not accepting siblings as it is a popular school. In the time he has been there, it has jumped from c.200 kids to over 300 kids, losing the library, the noisy/quiet room and the computer room over that time. With a large Asian community and new housing in the vicinity we actually have a rising potential school role. They are in the process of drawing up plans for a new, bigger school and may end up having to change the catchment. However, that doesn't mean that children would be left with no school - they would be put into the catchment of the next closest school. (we're actually closer to a different primary, but there is a dogs' leg in the catchment which meant we were already in catchment for the school he went to).

We are also formally in the catchment of the RC school (which was half full, but is now also full, almost entirely with Muslim and Sikh kids ) Now the fact that we have a parallel schooling system which is fully state funded is a whole separate issue!

Agree that the OP's case is different as that is just people not following correct procedure.

Another lurker wishing you much luck, a quick resolution and the opportunity to see bosslady's crestfallen face as she realises that she has right royally stuffed up.

I think bosslady already knows she's royally stuffed up. She's just trying her level best to wriggle out of it.
But she reckoned without the trusty adn knowledgeable MNers on here!
Mwah-ha-ha-ha-haaaaaaaaaaaaaaaaaa!

Yup - bosslady is right royally stuffed.

Stella - whatever the result of the appeal which we all know you will win you need to continue the complaint to the LGO about their flawed process and poor communication, making you go through this even though they know they'll lose: a) to ensure that there is more additional guidance on late withdrawals of places when the LA has made a mistake and b) to clarify communication requirements.

Thanks All!

Well, quelle surprise not one e-mail today. Nothing.

On the positive side, I heard from the lovely lady at the LGO today who said she is going to get her boss to have a look at the complaint as it's "so unusual" but she thinks they won't be able to take any actual action until after the appeal.

Believe me, even if she gets in I will be upholdong the complaint as much as I can.

Positive to be honest, DD isn't really handling it well. I've had to tell her the whole (basic) story, that mummy is trying to get her place back at school because the lady did it wrong, and as she's missing out on all the visits/lunches her little friends are going on she's quite upset.

I'm trying to gloss over it as much as I can, but she's still feeling it.

To be honest, if we had been refused fair and square and not got through on appeal with the others, I would have considered taking her out for that reason and doing the visits for the other school.

Now I have no idea what to do; visit the other school or chance it?

She's quite sensitive bless her, which is funny, because I'm generally 'ard as nails!