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withdrawing a school place

25 replies

Tan89 · 22/08/2017 20:24

Hello everyone :)
I would really appreciate some advice. Have moved and applied for a school place for my dd. I was offered a place at the school I applied for (only school in village) via letter to then receive an email 6 days later saying the place has been withdrawn to due an administrative error? I keep reading that after a certain time frame, ( 3 days) a school place cannot be withdrawn but can't find the evidence to back this up. Next nearest school is 1.5 miles away and would mean taking and paying for public transport ( I don't drive, too far for daughter to walk, along a main road and she's asthmatic so unsuitable to walk so far in cold and wet weather) sorry for rambling but I'm desperate for advice.

OP posts:
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lifesaverormassmurderer · 22/08/2017 20:40

Sorry no advice but bumping for you in hope of someone who knows about these things finding you.

Flowers
Tan89 · 22/08/2017 20:44

Thank you very much :)

OP posts:
accidentalgrownup · 22/08/2017 20:53

Did you apply before the official deadline? You can appeal of course.

Tan89 · 22/08/2017 21:03

Hi this was a mid year application, as have just moved, had until the 12th September to take up the place. Am so annoyed as you can physically see the school from my kitchen window, couldn't be closer if I tried.

OP posts:
accidentalgrownup · 22/08/2017 21:19

Definitely appeal then, assuming it's a local authority school the process should be on their (councils) website.

Unfortunately with it being mid year you're not competing with others... had you been, the proximity would've been in your favour. At this point they can't take a place from someone else to give to your DD even though you meet the criteria.

Make sure you stay on the waiting list if you're unsuccessful as a place may become available in a few months.

Good luck Flowers

prh47bridge · 22/08/2017 22:20

The Local Government Ombudsman decided that an offer made in error must be withdrawn within 3 days. That decision was many years ago and the Admissions Code has changed since then. Many LAs are of the view that the new Admissions Code means that the old LGO decision no longer applies. However, there is, in my view, nothing in the new Code that in any way suggests that the LGO decision is now invalid. Unfortunately the only way to find out for sure is to go to judicial review. However, many appeal panels are aware of the LGO decision and will overrule admission authorities that take too long to withdraw offers.

You should definitely appeal and argue that they have taken too long to withdraw this offer.

At this point they can't take a place from someone else to give to your DD even though you meet the criteria

Not sure of the relevance of this. There are no circumstances in which a place is taken away from someone in order to give it to someone else. That isn't how appeals work. And proximity is never a factor in appeals.

accidentalgrownup · 22/08/2017 23:19

Sorry, didn't explain clearly.

I meant the OP would've most likely have gained a place if applying along with the rest of the intake as others would live farther away.

Not taking away someone else's place but there would be a child who now has a place that wouldn't have got one.

Schroedingerscatagain · 23/08/2017 08:53

Hi op

Please listen to prh and if the others like tiggytape reply them also

Over the years they've given truly excellent advice and as advised here you have a good case for appeal

Good luck

(And also to prh for tomorrow)

GreenTulips · 23/08/2017 08:56

Have you asked why it's been withdrawn? Could there be an error?

Tan89 · 23/08/2017 09:03

Thanks everyone some great advice. Said the school believed they had a space and then realised they didn't. Not very good to then tell me 6 days later- after I've ordered uniform and told my dd.

OP posts:
GreenTulips · 23/08/2017 09:08

Schools go back 2 days before kids so you should ring and check

Bishybarnybee · 23/08/2017 09:09

Not sure if this is realistic but I sometimes see children on scooters to help them keep pace with the adult walking. Might that work for your DD?

Or might be worth talking to your local councillor and seeing if they will take up your case?

Sophsta · 23/08/2017 09:14

Nothing to add about the withdrawing of a place but just to clarify that whilst some schools may go back 2 days earlier, definitely not all of them. At my school teachers and students go back at the same time. It's up to the school.

ArcheryAnnie · 23/08/2017 09:21

Can you talk to them about how much movement they have during the school year, and where you are on the waiting list? You might get in later, depending how mobile the local population is.

Otherwise, if there's really no chance, at the very least they should refund your uniform costs, if it's school-specific stuff.

Tan89 · 23/08/2017 09:23

I've looked through the admissions code and realised she meets the criteria as an "excepted child" won't go into details but am resubmitting application based on this criteria. Wish me luck.

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eddiemairswife · 23/08/2017 10:16

You have been given a place 1.5 miles away, so she wouldn't be an excepted child on distance grounds.And even if she were to be excepted there's no guarantee you would be given your original preference.

BrieAndChilli · 23/08/2017 10:22

If you are applying mid year (so not in with the normal applications for reception) then they won't admit her just because she's in category 1 or 2, they will only admit her if there is a spare place.
The admissions criteria will only determine where you are on the waiting list of it someone else was also applying for a space at the same time.

Felicitychipmunkx · 23/08/2017 12:36

What year group is this for?

Tan89 · 23/08/2017 12:51

I haven't been offered a place 1.5 miles away. Have applied for the one village school. My daughter meets the exception criteria based on criteria in the schools admission code. Nothing to do with distance or late withdrawal. I've resubmitted application based on this criteria and the guy at admissions said this changes things. Will wait and see.

OP posts:
Felicitychipmunkx · 23/08/2017 13:05

What year group is this for?

Witchend · 23/08/2017 13:05

I think excepted child is a very high criteria. What makes you think she would count as that?

Felicitychipmunkx · 23/08/2017 13:10

Generally it applies to " looked after children " however if it's a reception or year 1 or 2 place they are restricted to keep numbers to 30, so it would have to be a very strong case that this school is the ONLY suitable school. It won't stand if the school 1.5 miles away does have a space as isn't the 3 mile limit to qualify for transport or anything.

mrz · 23/08/2017 13:28

Excepted criteria apply in all year groups including reception and KS1 and allows the class size to exceed 30.

mrz · 23/08/2017 13:37

Infant classes (those where the majority of children will reach the age of 5, 6 or 7 during the school year) must not contain more than 30 pupils with a single school teacher. Additional children may be admitted under limited exceptional circumstances. These children will remain an ‘excepted pupil’ for the time they are in an infant class or until the class numbers fall back to the current infant class size limit. The excepted children are:

The excepted children are:
1. children admitted outside the normal admissions round with statements of special educational needs specifying a school;
2. looked after children and previously looked after children admitted outside the normal admissions round;
3. children admitted, after initial allocation of places, because of a procedural error made by the admission authority or local authority in the original application process;
4. children admitted after an independent appeals panel upholds an appeal;
5. children who move into the area outside the normal admissions round for whom there is no other available school within reasonable distance;
6. children of UK service personnel admitted outside the normal admissions round
7. children whose twin or sibling from a multiple birth is admitted otherwise than as an excepted pupil;
8. children with special educational needs who are normally taught in a special educational needs unit attached to the school, or registered at a special school, who attend some infant classes within the mainstream school

prh47bridge · 23/08/2017 22:13

Just to be clear, being an excepted child is not a high criteria. It doesn't allow you to leapfrog the waiting list. However, if there is no waiting list and a child that falls into one of the excepted categories applies, the school can admit the child without breaching infant class size regulations.

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