Primary place withdrawn; what should we do now?

[IWantAnotherBaby]

DS is at school X, coming to the end of year 4. We are out of catchment. DD is due to start reception in September, and we knew she would be unlikely to get a place in his school, which is very popular. Unsurprisingly she did not get in (they had twice the number of applicants as places) and we accepted the place that she was offered at school Y (another local state primary). We did not appeal, but remained on the continued interest list for X. We have bought uniform, arranged childcare etc. Since her only qualification for admission to school X was having a sibling there, we assumed that was the end of it.

So we looked into options for moving DS. There was no place for year 5 in Y. So there would be no way of having them at the same school. We chose, therefore, to move him to an independent school now (we were already planning to do this for secondary), and he has a place in school Z from September. Yes, it is inconvenient having children in 2 different schools, but we felt this was the best option for both.

Yesterday we had a letter from the admissions service, to say that DD has now been offered a place at her first choice school (X) and that the confirmed place at Y "has now been withdrawn and offered to another child". No consultation, no options apart from accept or refuse the place.

So I have a dilemma. DD does not actually now qualify for the place at X, because DS will no longer be attending the school at the time she starts (his place at Z is confirmed, deposit paid, all arrangements in place). What should I do? Do I tell his current school (who already know unofficially as they wrote reports for him when he was applying to Z)? Would this risk DD having another offer withdrawn? And would School Admissions then have to find her another place?

Any advice gratefully received!

Anyone?

DS was in a very popular school, DD did not get in initially. So you arranged to move him to another school even this means you still had 2 different schools

Now DD has been given a place at the popular school DS currently attends.

Is that right?

Why don't you want her to take the place up now? Or is she going to the independent school too so you have them both at the same school?

If they have given her a place, it's hers and they won't withdraw it unless there has been fraud etc. But if she only got the place due to being a sibling, I see they could possibly argue they were misled (however unintentional)

If you like school X, I would keep DS there and send them both. You will lose a terms fees but only the one term I expect.

Yes, Tiggy, this is the problem. We do prefer X, and would want DD to be there. But I am worried that once admissions are aware DS will not be there in September, they may withdraw DDs place, in which case, having already withdrawn her place at school Y, she might have no school place! They have left us with no choices now; do we update them and risk her missing out on both schools, or accept the place and keep quiet? I had not realised a definite offer could be withdrawn in this way. For DS, school Z, the indie, is now the better option...

Moaning, we went for the indie school as we decided to look at all options for DS given that (as we thought) he and DD could no longer be at the same school in any case. We were incredibly impressed by school Z. We do want DD to take up the place at X, but are concerned it could also be withdrawn as our circumstances have changed (IE DS is moving). There is no reception place this year at the indie, but in any case we want DD to spend the early years of education in a community primary; it worked well for DS to have lots of local friends, from different backgrounds etc

It's really just worry now about whether DD could lose her place if I'm honest about the plans for DS, and my moral dilemma therefore about whether to officially inform anyone that he is leaving or not...

This is a clear breach of the Admissions Code. They are not entitled to withdraw the offer for school Y and offer the place to someone else just because they are offering you a place at school X. If you still want your daughter to go to school Y you should contact admissions and insist they reinstate the confirmed offer for school Y. If they refuse you should insist on an appeal. If they try to refuse an appeal you should tell them that you will refer the matter to the Local Government Ombudsman.

If you want the place at school X you should accept it. Regardless of whether or not you should have been at the head of the waiting list, they have offered you the place. Unless they withdraw that offer in the next day or two they will have to stand by it, even if it is a mistake.

By the way, I disagree with Tiggytape (for once). I don't see any grey area here. If they do not know your son is leaving school X they have made the offer correctly. The 2010 Admissions Code (which is the one that applies for September admissions) is clear that the place is yours even if your son leaves before your daughter starts. On the other hand, if they do know your son is leaving school X your daughter should not be given sibling priority as he will no longer be at the school when she starts.

Cross-posted. As per my last post, they cannot withdraw the place when they find that your son will no longer be at school X. The Admissions Code is very clear on this subject. Paragraph 2.23 states, "If the older sibling unexpectedly leaves the school after an offer has been made to a younger child the offer of a place must not be withdrawn on these grounds". The words "must not" mean compliance with this paragraph is compulsory.

And no, a definite offer cannot be withdrawn in this way. The LA is clearly guilty of maladministration. Whatever they think, you still have a place at school Y for your daughter. If you want the place back you will get it. They may force you to appeal for the place but appeal panels know that LAs cannot behave in this way.

Warning, sneaky alert, not sure I would have guts to do it, but does the indie school start term after school X? Around here the indies usually have an extra week. Could you establish what the situation is, but be prepared for your ds to go back to school X for a week to establish the sibling link, and then take up his place at the new school? That way you can be completely honest with the LEA but still keep your options of a school open. It would of course be better for ds, and whichever child will replace him in yr 5 to have a clean break, but at the same time your DD needs to go to school somewhere, and you could sell it as a chance to say goodbye to his mates.

By the way, the quote above comes from the 2010 Admissions Code as that is the one which applies to this year's admissions.

Veritythebrave,
You are so kind, what is the pay?
I agree with PRH on this situation, the LA have been incredibly cavalier in assuming that the poster would want the place at school X and withdrawing the place at school Y. If you want the place at school X grab it now and leave any official notification on your son leaving till as late as possible, so that there can be no suggestion that the place for DD can be withdrawn (though it clearly would be illegal as PRH has explained)

This is why I love Mumsnet. Thankyou so much to everyone for the great advice, especially prh for the admissions code information (its quite difficult to track the 2010 code down online now there is a new version ready for the 2013 admissions). So many experts giving sound advice so quickly! This is such a huge relief for us. We can accept DD's place at X, and be confident that they can't now withdraw it.

duracell I like the idea, but the indie and all our local primaries start back on the same day!

admission we will grab the place as you say, and inform them DS is leaving as late as practical.

Again, thank you all so much.

Mumsnet is great as usual, I'm in a similar sibling-place dilemma contemplating moving ds1 to a private school and ds2 is starting at the state school in sept. relieved to learn that they can't withdraw the place offered to ds2. Thank you expert mumsnetters.

You can let the LA know that DS is leaving during the summer break, by then all the classes should have been allocated etc.

I have wondered about this as my DS got a reception place as a sibling, whereas my friend's boy didn't because her older boy will be leaving the school next year for secondary school, so on first day of school her younger boy isn't a sibling. But I could do as the OP did and move my sibling before my younger boy starts, but obviously that is OK under the current admissions rues. Such a pain for my friend, as she is already in the school community etc.