Please help- place withdrawn!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DD has had her place withdrawn for our 1st choice school, on the basis that her foster sibling won't be starting in their nursery until January, and not September.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

Thanks, Keiza! I'm kind of leaning towards this myself. I might need a stiff drink first, though!

I would not waste money on a barrister. Present the case yourself. It is pretty straightforward. Regardless of which Code is used (and it should be the 2010 code), the precedents on how long the LA has to withdraw a place offered in error are unaffected. There is absolutely no way they can withdraw a place after 8 weeks.

Good luck, OP! i think you can do it, you are very articulate on here!

Hmmm...

Have been expecting callbacks form DfE and OSA but not had any yet!

DD is two places up on the waiting list though. I thin they're banking on her to get a place from the list before it has to go to appeal!

Even if she does, I shall be writing some letters because this whole thing has been a farce from start to finish.

Thankyou sweet!

Prh47, I think she would get through on appeal, I really do, and this is my best bet to keep pushing

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

Along with all the other bits and bobs and a letter from her lovely teacher, which will help.

Any news on this?
How are things going, have you heard back from the OSA or DofE?
I hope things are moving in the right direction and you have either had the place reinstated or are close to this.
If they force this to go to appeal one way or another you WILL win, I can't see how you couldn't however that must be cold comfort to you at this stage and the prospect of more stress and worry topped off with not being able to tell your child what school they will be going to, attend induction days, parent meetings and simply buying uniform. These things are meant to be an exiting and enjoyable right of passage, I am so angry on your behalf that they are putting you through this and the prospect of more to come and robbing you and your family of this special time you will not be able to get back. I am not one to jump on compensation trains and there is no possible way they can compensate you for this but it feels like they are either going to eventually begrudgingly reinstate the place as they should or be told to do so by the appeals process with no repercussions on them while it is your family that suffers. I hate the phrase 'It;s not fair' but there really isn't another way of saying it. I know I would feel like going down to their office, stamping my feet and pulling a toddler 'It's not fair' special, I really wouldn't blame you if you did do that!

Gosh OP, what a nightmare. No advice, but wishing you all the luck!!

Whatever the result - and I'm sure that if you are forced to take it to appeal you will win - you should make a formal complaint about the process that lead to this (and by that, I include them trying to force you to go to appeal, even though they know you would win).

If they don't deal with the complaint seriously, you can then take it to the ombudsman and then establish some more precedents.

Well, I have heard nothing from OSA or DfE.

My appeals "pack" sheet of scrap paper came through, but I interestingly have not yet had an e-mail back from Boss Lady with regards to the questions Admissions suggested eg- can you confirm you are all a bunch of lying numptys and should be using the 2010 code and not the 2012 code you claim to be?

I am writing the appeal tonight, and will post it on here before I send it!

Good luck.

I think even when the 2012 code comes fully into operation, the ombudsman would rule against such long gaps on the grounds of unreasonableness. As others have said, people could have bought uniforms, kids gone to settling in days/been told they're going to school with their friends, child care arrangements made. Worst case scenario with such a long gap could be that someone has changed jobs taking the location of the accepted school into consideration.

I think you ought to call/leave message/email bosslady telling her you need a response to your letter by tonight, otherwise you will be adding "LEA was obstructive and did not provide information that I requested for my appeal" to the list of charges against her department...

Stellar I have no help or advice to give just to say I've been following this from the beginning and sending all the best wishes and vibes I can. Hope it all goes well for you - this place is rightfully yours.

any news?

Well, I haven't had an answer to my questions, so I am finishing it off now and will post it special delivery tomorrow.

Here it is folks! If you read your words in there- sorry I stole them! I've had some great help from you guys, and it's made me feel much more confident.

I am writing to appeal the withdrawal of my daughters offered and accepted place at x School under section 2.12 of the 2012 admissions code for the following reasons:

1. I submitted an on-time application to x County Council for my daughter and on 13th April, an email was sent to me to confirm that she had been offered a place. I subsequently received information and a letter from the school to confirm her place after I had accepted the offer in good faith via email. On 14th June, 8 weeks and 3 days later I received a telephone call to advise me that the Local Authority had taken the decision to remove my daughter?s place. They confirmed that I had not made an error on the form, had not submitted a fraudulent application and that a member of their staff had misinterpreted my information and input my application as a sibling request. My place was therefore being withdrawn as Local Authority error under 2.12 of the School Admissions Code. I feel that this decision is completely unreasonable and does not take into consideration the distress that such a decision would bring and the impact upon our family. The decision was taken 2 months after the place was offered and my daughter has now been told of her new school and uniform and equipment purchased. I believe that this is a decision that no reasonable Local Authority would make.
2. I believe as per the Department of Education guidelines on their website ("The revised [2012] School Admissions Code and School Admission Appeals Code came into force on 1 February. The School Admissions Code takes full effect on admissions arrangements being locally determined in respect of the pupil intake for the 2013/14 academic year and thereafter. ") that admissions submitted before the 1/2/2012 should be processed under the 2010 admissions code; therefore section 1.50 would apply in this case which does not include a Local Authority ?allocation error? as grounds for withdrawal.
3. I understand that a legal precedent has been set for withdrawal of an offer within a ?reasonable time? as per the LGO case 99C01876, and I believe that the Local Authority has not met this deadline, and that this precedent would still apply if the 2010 or 2012 admissions code has been used to process the application.
4. I have also requested the following information from the Local Authority on the 14th June. The email was replied to 18th June assuring me of a response. I sent a follow up e-mail 21st June and still had no answer to the following questions. 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. Therefore, I have had to send my appeal off to you without the information I requested to include in it.
5. I believe that if the Local Authority have been acting legitimately in applying the 2012 Admissions Code to my daughters application and subsequent place withdrawal knowing they had the facility to remove places under section 2.12 where a mistake had been made on behalf of the Local Authority with regards to allocation; bearing in mind that the closing date for applications was the 15th January 2012 and the offer date 13th April, and the date I was informed of the place withdrawal was the 14th June (a further 8 weeks and 3 days later); why did it take this amount of time for the LA to realise a mistake had been made and subsequently withdraw the place at such a late stage?
6. I believe that this will have emotional impact on my daughter with regards to a school move and the fact that, due to the extreme lateness of the withdrawal, she will now miss inductions and other orientation activities in any school. This can only be detrimental to her overall wellbeing as well as her potential to achieve in an educational setting. Please also see enclosed letter from her current teacher, Mrs. X. In conclusion, I wish to appeal against this decision on the basis that it is a decision that no reasonable Local Authority would have made.

Good luck - I've been watching your thread and hoping that it'd all be resolved for you before now! Hopefully you'll get the right answer before it goes to appeal...

good luck - i've been following and rooting for you too!

Hope you get a happy answer soon!

I have been reading /lurking from the begining ...but have had no advice to give BUT GOOD LUCK and stay strong .Hope it works out !

GREAT email.

Good luck, I've been lurking and hoping for the best possible outcome for
You and your daughter.

Good luck.

excellent email I can't see how they can still take your place away! Good luck and so sorry that you had to go through all of this.

Any news?

Good luck!