1st on a waiting list, 3 families not been in contact with school after being offered places

[Katydive]

Hi, please be gentle with me this is my first post in about 4 years!

Extremely annoying situation in which I'm sure others are experiencing. Due to a freakishly high number of siblings this year we were unable to gain a place for DS at our local C of E primary ( a school that is traditionally undersubscribed) we are 1 st on the waiting list, but with an intake of 15 we can't see anyone pulling out anytime soon.
We were offered another local school but it is not a good school and it's Ofsted report is also pretty rubbish, we never intended him to go here.
Recently a friend of mine was offered a place at a very good school just down the road as she sensibly put her name on the waiting list for this, it didn't occur to me to do this at the time.
I put my name on yesterday (I am 2nd) and spoke to the school, they know of three families who have not replied to letters in weeks/months and their children have not attended the taster days. They strongly suspect that the families are not turning up, and that we could relay that info to the LEA.
However after speaking to them today to find out what the 'cut off' date for these families is to accept the place we find out that there isn't one! He actually said that the place may be kept open for two terms, 6 months!!! for the pupil, how is this fair?? It's obvious that the parents have made a different decision but haven't been bothered to let the school know.
It is a waiting game for us now and we are also considering the independent option until we find out, which means we lose at least 1 terms money.
Because the local LEA have done something wrong to us recently, they seem to be doing all they can to put it right and have said that they will look into these three families to see if they can get an answer, so thats something I suppose.
Is anyone else going through anything similar?

The BBC piece seemed to be a sucess and I have heard from a few people in a similar situation. One lady told me how she was weighing up the difiicult decision to report a family she knew for giving a fraudulent address to get into the school. She was told by the same LEA that after sending two letters, there wasn't much that they could do, this attitude does not suprise me. The place did get removed I understand but only at much insistance.
We have now placed our formal complaint to the Schools Adjucicator and are waiting to hear the outcome.
The DfE are still sitting on the 'it is not a legal requirement' for LEA's to follow up on these places and are still telling us and everyone who will listen that paragraph 1.50 is open to interpretation.
Why make a code, if you are going to allow a bending of the rules? From their reaction I think we may have stumbled on something here. I know it's not going to help us directly but we are so cross from some of these governemt reactions that I intend to see it through to the end.
BBC Sussex radio agree and I am also doing a radio interview about it tomorrow morningm the more people here the better.

tiggytape - What a good example, about the Olympics, would you mind if I used this tomorrow?! It is a good way for the majority of the general public to understand it. The reporter who rang me today had his head screwed on he likened it to someone offering him a really important job after an interview process, and what would happen if he did not reply to the post, would it be assumed that he wanted it? Of course not, it would (after a certain amount of time) be offered to the next suitable candidate.
I know for a fact that West Sussex admissions and the person who runs it has a very bad attitude, I heard of one case where she told a friend of mine who was taking a break from her appeal hearing " are you going to bother coming back for the second half?" She was also very disparaging in mine.
However it seems her attitude runs throughout many of the team there, with comments such as " it's not a legal requirement" and " it would mean sending out more letters". We are trying to prove that there should be one rule for all according to the code and that ethically they should be doing all they can to re-allocate the spaces. I mean for gods sake the DfE authorises this to happen, places are allowed to be taken away if someone is not heard from. Other governement bodies are just as quick to whip away other entitlements people receive at a minutes notice!

To my expert friends, finally after a couple of days we have a reply from the OSA (schools adjudicator) in response to our complaint about the LEA

"Thank you for your email. Schools Adjudicators have jurisdiction to consider admission arrangements under specific powers granted to them in the School Standards and Framework Act 1998 (as amended). The deadline for accepting objections to the admission arrangements for September 2012, under Section 88H of that Act, was 31 July 2011, therefore we would not be able to consider you objection as it is out of time. Adjudicators can also consider admission arrangements referred to them under Section 88I of that Act, however, due to the 2012 academic year starting in less than one month, it would not be reasonable or practical to accept a referral in this case.

It is not within the remit of the OSA to comment on the School Admissions Code. We apply the relevant legislation to objections raised which fall within the adjudicator's jurisdiction. Unfortunately for the reasons described above, your objection does not fall within the adjudicator's jurisdiction.

I am sorry I cannot be more helpful."

Can anybody offer any advice on who to approach now, as it's clear these guys don't want to comment on the code, or get involved with the DfE

Can I just point out that we are not objecting to admission arrangments, we are trying to point out to someone that they are not following the Admissions Code, surely this is the body to do it??

They have discretion to accept a late referral but are clearly refusing to do so. Time to approach the LGO on the basis that the LA is guilty of maladministration.

I would be tempted to go back to the OSA and say that you are not objecting to the admission arrangements but what you consider to be a breach in the way that the admissions code is being interpreted leading to practices that you consider are unlawful as set out in the code. You might also say that paragraph 4.20 does give the Schools Adjudicator the discretion to consider late applications but that might just be pushing it too far!
Ask them whether this falls under their jurisdiction and if not who is responsible as the LGO seem to think it is not them.
This is slightly ridiculous one of either the OSA or the LGO have to take up this, it can't just be ignored by both because neither of them want to make some kind of decision over the law here.

prh47bridge - do you think this does constitute a 'objection to admission arrangments'? We are sure that they and some other LEA's are breaching the code in that they are not reminding parents to respond and informing them that they only need respond if they wish to decline the place, leading to parents failing to respond at all.

We know that the DfE is sticking to their guns that paragraph 1.50 has a different meaning and I very much suspect that this is what they have told the OSA ( we know that they confer between each other). I suspect that this is why the OSA is unwilling to get involved

We have already been told by the Ombudsman that it didn't count as maladministration as they hadn't actually gone against their own policy, which is actually true.

We are going to try and talk to the OSA tomorrow as we are still convinced this is a case for them, even if they conclude somrthing differently we are still flagging it as an admissions code breach so surely they have to take it?

Yes, I think you are objecting to the admission arrangements. And the OSA shouldn't be refusing to get involved just because the DfE have backed a particular interpretation of the Code. If they accept the DfE's position all they have to do is issue a determination saying that the LA has done nothing wrong.

I agree with Admission. The OSA and the LGO seem to be playing pass the parcel with this one. Someone has to look at it. Keep pressing. Although I normally think it is best to avoid involving politicians, this may be one where your MP can help by applying some pressure.

If all else fails you have the option of applying for judicial review but that could be expensive so you probably don't want to go down that route.

prhbridge/admission - After talking to the adjudicator again explaining that we did not accept their answer, they have clammed up and are refusing to talk over the telephone. We have told to email again to the Chief Adjudicator, but it turns out he supplied the other lady there with her answer, so I dont hold out any hope.

I managed to get hold of the head of the admissions department at the DfE who agreed that his collegues comments on the code were 'off' but is still sticking to his guns that the paragraph means something else. I told him I planned to take it to the Secretary of State, and he actually agreed.

I have emailed the Secretary of State along with my local MP. I have spoken on the phone to a legal firm who specialise in these cases but we cannot really afford to go down this route.

This really has taken it's toll on me at what is a very stressful time with the seperate fact thay we still don't know if our son will be starting school in 4 weeks, I really don't think I can get anywhere with these people. But I really thank you for all your help and will keep you posted.

Have you tried the Children's Legal Centre? Google it and ring them to explain the situation. They may be able to help, and it may not cost as much.