Got offered 1st choice primary, would like 2nd

[MrsPJones]

Our son got offered our 1st choice reception place, 6 miles away, because we thought we would be moving to the area. We are now not going to move and would like our second choice school which is our nearest school.

I spoke to our LEA and they advised we cannot be added to the wait list till September, and we will have to apply as an in year admission.

I have re-read the starting school book and found this paragraph:
"Admissions continue until the end of the application year (July 2016). If an on-time application has been submitted, further applications cannot be made until September 2016."

But there is another section that says they can add you to a wait list if you withdraw your first application - I guess that would mean declining the 1st choice offer?

Can anyone clarify what my options are?

Thanks!

Fantastic, thanks tiggytape, that is what I need! LA known for making up their own rules in the planning dept too.

I just wanted update to say, after a phone call quoting the code the admissions department stood firm, but after emailing a request to the head of admissions and also putting a complaint into the LA, we got our son on the wait list. Thanks again tiggytape.

Which just infuriates the hell out of me. You stuck to your guns because you had got some sensible advice and eventually the LA caved in from what they must have known was an untenable legal position, well before you told them. Most people would just assume the LA knew best and accept the situation.
So why do they do these things - not the first time that this has been aired on this site. It seems that there is at times an air of arrogance within some LAs that they can invent their own rules, rather than accept the national legal statutes.

LA are so arrogant in this case they publish their made up rules in the official LA starting school booklet. I agree, we shouldn't need people like admission and tigytape providing advice in their free time to the self select group of people that use mumsnet. Correct advice should be given to all by every LA.