Waiting Lists - Herts and others who automatically give you higher offers

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I contacted the schools adjudicator for clarification if this was against the admissions code. This is their reply:

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Thank you for your email concerning the Continued Interest Lists operated as waiting lists by Hertfordshire County Council.

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Paragraph 2.14 of the School Admissions Code (Code) states â??Each admission authority must maintain a clear, fair and objective waiting list until at least 31 December of each school year of admission, stating in their arrangements that each child added will require the list to be ranked again in line with the published oversubscription criteriaâ??. Â

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The Hertfordshire County Council website (www.hertsdirect.org/services/edlearn/admissions/september2015/secondary/afterallocationday/FAQ/ ) informs parents about the Continued Interest Lists, when and how they will be operated and important information why parents must opt out if they are happy with the place offered. This is considered in line with the Code but should you require further clarification you could contact the Department for Education. They can be contacted either through their public enquiry line 0370 0002288 or their website contact form available at form.education.gov.uk/fillform.php?self=1&form_id=cCCNJ1xSfBE&noLoginPrompt=1

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I hope this is helpful

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But typically they have ignored the bit that says that places cannot be taken off the pupil in the admission code and decided it is easier for the LA to operate this kind of system which gives no choice as to what will happen. In effect they are saying the LA are telling you what will happen so that makes it alright.
I suspect you might well get a different perspective if it went to court.

I have twins. If they were on a waiting list I may only want the place if both twins could be offered a place but may choose to decline if not. This policy of managing waiting lists could be very difficult for parents of multiple births. I'm sure there are a number of other scenarios that would be difficult too.

I'm with Admission. I think the Adjudicator has got this wrong. I wonder if a formal complaint to the Adjudicator as opposed to an email query would produce a different result. I certainly think there is a good chance that judicial review would say that Hertfordshire's system is wrong.