How does primary admissions work?

[dontwanttoscrewthem]

NC'd for some specific advice as have no clue. We rent out a house in catchment of some excellent primary schools. Our tenants are lovely and have a child who'll start Reception in Sept. I know they're trying for one of these schools.
We need to sell the house, so will be giving them notice in due course. I'm sure they will be able to find another house - maybe even closer to the school they get - but just wondering if changing address after they've accepted an offer, but before they start at the school, will be a problem for them. Thanks.

How nice of you to be concerned about this. No, once the offer is made it can't be withdrawn in the situation you describe, it's made on the basis of the applicants' address on the date by which applications have to be in. A change of address would only be an issue if the application were in some way fraudulent, which would not be the case for you tenants.

Ok thanks @Zinnia I have a son the same age as theirs so know how awful it would be to derial their school choices.
If they didn't get their preference and then appealed or had to sit on a waiting list would that make any difference?

I think you'd have to check the LA for sure OP, but presumable the tenants would have been given formal notice from you so would be able to show that if there was any query.

I hate to disagree but if it's a popular school the offer can be withdrawn if they subsequently move - certainly in our borough anyway. For the oversubscribed schools a home visit takes place by the teacher before starting (normally beginning of September) and you are expected to be living at that address then. If not offer can be withdrawn. I know this to be the case as it happened to a friend and they had to put off their house sale.

I suspect it may be different with tenants who have been evicted compared to what JSSB is describing. It's not unheard of for people to rent/buy in an area close to a good school then move once the offer is received. I could be completely wrong but I would hope there is some leeway for tenants who have been evicted rather than those who choose to move away.

I hate to disagree but if it's a popular school the offer can be withdrawn if they subsequently move

No it cannot. Whatever the local authority or the school say, they cannot legally withdraw a place just because the parents have moved. The Admissions Code is very clear about the circumstances in which an offer can be withdrawn. A change of address is not one of them.

The only grounds on which a change of address can result in an offer being withdrawn is if the LA reasonably concludes that the original application was fraudulent or deliberately misleading.

My understanding is that the rule was bought in for that very reason - people renting a house for 6 months to get them in the school and then moving. I think the only way to know for sure will be to check the policy for the individual school as they seem to differ so widely.

Unfortunately once you notify them of change in address as described in the rules attached they withdraw the offer.

Unfortunately once you notify them of change in address as described in the rules attached they withdraw the offer

It does not say that in the snippet you have posted at all, nor does it say it in the full version on the school's website. It says that changes of address must be notified promptly but it does not say anything about withdrawing a place. The LA's published admission arrangements correctly set out the basis on which places can be withdrawn. They also do not say anything about withdrawing places. If they do withdraw a place simply because the parents have moved it would be an easy win at appeal.

@JSSB sorry I can't see anything in there about offer being withdrawn if address changes?

I know it doesn't specifically state that but in practice it's an oversubscribed school and if you no longer meet the admissions criteria they make you an offer for another school. As I stated it depends on the school but that is certainly what happens with our local school as know a few people who have been in similar situations.

Withdrawing an offer or a place
2.12 An admission authority must not withdraw an offer unless it has been
offered in error, a parent has not responded within a reasonable period of
time, or it is established that the offer was obtained through a fraudulent or
intentionally misleading application. Where the parent has not responded to
the offer, the admission authority must give the parent a further opportunity to
respond and explain that the offer may be withdrawn if they do not. Where an
offer is withdrawn on the basis of misleading information, the application must
be considered afresh, and a right of appeal offered if an offer is refused.
2.13 A school must not withdraw a place once a child has started at the
school, except where that place was fraudulently obtained. In deciding
whether to withdraw the place, the length of time that the child has been at
the school must be taken into account. For example, it might be
considered appropriate to withdraw the place if the child has been at the
school for less than one term.

Taking up residence temporarily with no intention of living there permanently is a type of fraud, but not sure how they'd prove this was the case.

I know it doesn't specifically state that but in practice it's an oversubscribed school and if you no longer meet the admissions criteria they make you an offer for another school

No they do not. Stop digging. They cannot withdraw an offer because you no longer meet the admission criteria. Any admission authority that did so would be acting illegally.

I'm not digging. I'm just saying that is what has happened at our local school. As I said each school is probably different and depends how oversubscribed it is. I'm happy to be proved wrong but that is the advice people I know have been given by local authority. It may be an easy win at appeal but if the people I know have been told not to move until child is physically in the school they don't want to risk it.

OP you won't know for definite without speaking to the local authority.

In our local authority if a school is oversubscribed and a child who successfully obtains a place moves before end of their first term this triggers an eligibility check.

If the child moves lower down the eligibility list than another child on the waiting list then the place is withdrawn.

Just found this confirming if change of address after application closing day offer is then re-ranked.

OP you won't know for definite without speaking to the local authority

The OP really doesn't need to speak to the LA. The LA is subject to the law. The law is clear. It doesn't matter how oversubscribed a school is. A place cannot be withdrawn just because the parents move.

Unfortunately some LAs give poor advice on the phone. I can understand people not moving because they have received advice on the phone that they might lose their place but that is very different from a place actually being removed.

Just found this confirming if change of address after application closing day offer is then re-ranked

That is talking about what happens on the waiting list. It is absolutely standard. The reranking referred to does not result in places being withdrawn.

Thanks everyone. So I haven't seen anything that would make me believe that their offer would be withdrawn. They've been in the house for 2 years. Absolutely no suggestion of fraud etc. I guess a waiting list situation might be a grey area but they should get their first choice I'd think - based on a number of things. I can find that out anyway.
They may even offer to buy the house from us which would be great and would assuage my guilt! I'm not cut out for this!