Please help- place withdrawn!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DD has had her place withdrawn for our 1st choice school, on the basis that her foster sibling won't be starting in their nursery until January, and not September.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

I don't think that email is very good either OP...it mentions nothing of th fact that they are operating under the wrong years legislation! think admission's right and you should call the adjudicator.

Well, a lovely young man from OSA has just told me they should be using the 2010 code... I luff him.

He has directed me to the School Admission and Fair Access team at the Department for Education.

Wooohoooo!!!! HA! Come back and tell us what they say! xx

get it in writing and then tell the LA to stop messing around and give you the place back.

DFE Lady was a bit non-commital. She said she was going to speak with her colleagues and e-mail me. Hmmmmmm.

Admission, I am going to give my nice OSA man a ring later today and get him to email me if I don't hear from DFE.

Hopefully in time to give Bosslady a "Friday frightener" e-mail.

You need to fill out the online form for the schools admissions, they monitor and regulate just such a thing.

They have the power, use them it is what they are for.

I usually never post on these threads since I have no expertise regarding school admissions but just wanted to say best of luck. You deserve your daughter's place back as you have done nothing wrong! I am very at the independent adviser not knowing what code they should be using...not exactly brilliant advice!

And well done to the resident experts here for giving such brilliant advice!

Rainyday, I filled out the online form for the schools adjudication- is that the one? Or is it a different one for the department of education?

Off topic rather but when did people in the UK say "Fill OUT" a form rather than "Fill IN" a form?

I always marrked that as a difference between us and the USA!

Lurking, as no actual knowledge or expertise on admissions, but just to say I second the poster who suggested writing to / copying things to local councillors and your MP. If nothing else, it shows you're serious, and it often gets a better and more prompt reply.

Good luck

Who said i was in the uk? :-)

Actually both are grammatically correct! Had i said fill up, that would be a different discussion.

it is about winning the place back :-)

Lurking. Good luck Stellar.

Sorry yes it is that one, you can read all the prevous cases, all very interesting. They do have a lot of power! The decision can only be overturned by a judical review. My concern with a school appeal is that you have to agree with the findings of the appeal. As admissions says they may get it wrong, what happens then?

Good luck lady, school places are stupidly stressfull.

I was wondering what would happen if we lost out at appeal- as their "findings" are final.

I only received the withdrawal letter today, so have sent off for the appeal forms.

I have had an e-mail back from OSA saying that they spoke to me today and hoped I had got some "clarity" from DofE.

Erm... No? I think I'll have to call DofE lady again on Monday.

It's almost like nobody wants to commit to saying 'Yes, they are wrong' or 'No, they are right' and this is what's giving me the heebie jeebies.

Lurking

I would be surprised if they did commit. From my experience with these sort of things everyone stays non committal and will put very little in writing even if they do agree with you.

If you lose at panel, I am pretty sure you can take it to the Ombudsman, so it is not the final draw.

Good luck! You really should win your DDs place back.

Good luck, OP. Sounds like you've been treated appallingly.

What I wonder about is - if this whole case hinges on them using the 2010 admissions code, rather than the 2012 one, does that suggest that in future, the council would be able to withdraw a place like this, six weeks or more after the deadline?! That's shocking, that parents will never be certain, until the child starts school, that their place won't be taken away because of some undiscovered error.

Another lurker wishing OP best of luck. Think it's your local authority who need it though as they've made themselves look imbecilic!

Good luck. Rooting for you. Frightening that can happen though and just think how many people there may be in this situation but who wouldn't have thought about / aren't brave enough / don't have internet access to enable them to ask for help on MN.

Another lurker wishing OP luck. You have had some excellent advice from the resident admissions experts. I am hoping the OSA can give a more definitive answer and that the LA back down before appeal. If worst comes to worst though, you can go to the LGO and I am absolutely certain that you will have your place reinstated.

I am worried that the 2012 admissions code is going to be abused utilised by LA's to withdraw allocations well after what anyone would consider reasonable time. I can see next year being even more fretful and worrying for parents.

Ok, had a bit of a break this weekend and spent some time with the girls. They've been as good as gold whilst I've been dealing with all this stuuf, bless them.

They went to a party last night, and DD and DFD stole the show, being cute with all the elderly relatives!

Down to business- plan of action.

item 1) Call OSA and if needed DfE to pin someone down over this 2010/2012 code rubbish and get it in writing from someone somewhere

item 2) Start writing appeal including the following

-Eight weeks is too long to withdraw the place. No reasonable local authority would do that and the LGO case sets a precedent.
-if using 2010 code, para 1.50 does not specifically include a mistake on the LA behalf as reason for withdrawal.
-if using 2012 code, no reasonable LA would withdraw a place after 8 weeks and i thought of this today- if they are using the 2012 code and in fact, can withdraw a place due to error on the LA behalf; bearing in mind they had the form from the 15th Jan to the 13th April, why did it take 8 weeks after offer and acceptance for someone to realise a mistake has been made, knowing that they would/could then withdraw the place? Surely this is showing a disregard for the parents and pupils involved in the admissions process and therefore, again, not a reasonable action.

item 3) Do I need a barrister? What do you think? It's at least £500 I haven't really got and possibly £1200 if we need him for the appeal. My mum says she'll help to pay, but I'm not sure either way.

I'm no expert but I think the panel would rather hear from the parent. Save your money and present the facts yourself, they do speak volumes about how unreasonable the LA are being. I think you are well placed to win this, I wish you well.