Court Conundrum on school place for September - any advice please?

[mummytippy]

Does anyone know how you organise/secure a school place when in the middle of custody proceedings? The LA say you can't apply for a school place unless the child is resident at the address where they are to go to school.
I have been told by the court to enquire about places at local schools (in case residency changes to myself). I cannot apply as there is a Specific Issue Order. The problem I have is the school I want does not have a place so for the purpose of information for the Court all I assume all I can say is...
Currently there is not a place at the preferred school but until I apply (which I can't unless residency is reversed) I will not know for sure.

I plan to appeal to the LA and am sure a place would be awarded due to the distance to the school (live next door to it). As Plan B I was going to approach an independent school 1/2 mike away as a place there would be guaranteed.

Can anyone advise on this conundrum please? Thanks in advance.

On what basis would you be appealing? it is far from sure that you would be awarded a place based on the distance to the school. How old is your child? If they are in Reception, Year 1 or Year 2 and there are already 30 children in the class, then it is extremely unlikely that you will get a place.

You need to speak to the school and find out their admission criteria. The Local authority should be able to help you with this during the holiday,but I just stress once again that you will not get a place based on distance if there are no places available, even if you appeal.

Hi LittleFish

It would be in year 5 and has attended the school briefly before. The LA are aware of the situ.

I would appealing as the class is full but have been told that as all other schools in my town are also full my dc would have to be allocated a place at one of them so why not the nearest one?

Normally in that situation where all schools are full, the child would be placed in the school best placed to take an extra child, not necessarily the nearest one. In your situation though, I can see why the LEA may well decide the best place is the school next door, but not because of its proximity.

It just seems wrong that you can't apply in advance in such circumstances. Part of my case already put forward has been that I'll send my dc to this school as earlier in the year there was a place and they have attended before as I've said. Now due to the Court process taking so long there isn't a place.

Now I've been told to by the Court to 'enquire' about availability which I will but correct me if I'm wrong, isn't this quite a pointless exercise as being told there is a place available one day can change unless an application is submitted. Likewise I've been told there is not a place now, but then perhaps there might be after the children go back if one or two don't return after the summer holiday.

Does everyone understand where I'm coming from? I'm looking for advice to put my case forward to the Court in the best possible way obviously and continuity of my dc re-joining this specific school is very important to me.

The LA say you can't apply for a school place unless the child is resident at the address where they are to go to school

That is wrong. You can apply for a school place from the child's current address. If the school has a place available it must be allocated to your child. However, in your situation I presume that applying from the current address isn't possible.

It sounds to me like the Court doesn't understand school admissions. You can tell them what places are currently available but say that this can change at any time. You can also tell them that if/when you apply the LA must find a place for your child within a reasonable distance of home. And you can tell them your plan B.

I agree with PRH, you can ask for places at schools based on the current living address of the child, whilst indicating that there may well be a change of address in the near future, which will mean that the pupil is near to the school.
If there is a place then the admission authority have to accept the application for an in-year move. If there is no place that is what is reported back to court with the comment that you would intend to appeal for a place at the very local school.
Now would be a good time to get in an application just in case places become available at the beginning of September. You should ask the LA to confirm in writing that there are no available places.

Thank you. I cannot actually apply as there is a Specific Issue Order in place for my dc for the school they're at. A new order would have to drawn up.

It's complicated as residency would have to change to me and I need the permission of my ex (which as we're currently going to Court over residency) he will not grant permission... eg be happy to sign the admissions form where I live so I can submit hence the Court asking me to 'enquire'.

When I enquired earlier in the year (before submitting my application to the Court) the Head at my dc's current school rang me to ask what I was doing, telling me I could not enrol my child because of the SIO. I explained I had merely enquired and was not enrol lying (how could I without my ex's consent?) but I wasn't believed and it caused all sorts of problems with my ex.

I think all I can do is say there was a place (I have an email from earlier in year), there currently isn't a place... but as prh has said, point out this can change at any time and I would plan to appeal should residency change. I think I'll ask the LA to perhaps send me a little letter to back this... What do you think?

*I explained I had merely enquired and was not enroling.

yes ask the LA to send a letter to back up or maybe you can get them to reply in an email faster and achieve the same purpose.Hope everything works out for the best .

Thank you. I obtained an email.