Appeal help for withdrawal

[Worriedmum0011]

Last year my son went to live with his dad due to my younger brother having cancer and his consultant said my son shouldn’t be around him during treatment because it’s harmful for a young child and because children pick up more bugs and viruses which if my brother caught would be bad because of his immune system. My son living with his dad was meant to be a short term solution as the council were trying to house for me and my son. All my sons benefits and childcare stayed in my name and I contributed to my sons dad as again it was likely to be short term. At the time off applying and at the time of the offer my son was still living with his dad and we didn’t want the priority school we wanted the school that he currently attends the nursery at as my son has special needs and they know how to meet those needs. After my application was submitted a lady from admissions called to ask why we had different addresses and after I had explained she said that’s fine no further action is needed. He got the school we wanted and was offered the place. I then received a letter a few weeks later asking for clarification of me living at the address my son did and asked for a council tax bill or utility bill in my name and his dads address. I went and spoke to the headteacher and again explained the situation and said I can’t provide that evidence for an address that I never said I lived at however his dad can because he was the one living at that address with my son. I only made the application because my sons dad is dyslexic and I can explain my sons special needs more. If I was being dishonest I wouldn’t of put our different addresses on the application. The admissions have decided to withdraw his place without letting me submit evidence of his dad living there and haven’t considered or asked for it. Why does it matter who made the application and why should his rights be any less than mine in considering evidence. They are saying he lived with me and he didn’t. I can appeal and will be attending the hearing in person. They have added him to the waiting list for the school but want me to re apply and see where there are spaces left. My son cannot go to a school that doesn’t meet his special needs or one that further out because of this reason also. I’m heartbroken for my son who was so worried about starting school and upon telling him he would be staying at the same school was overjoyed. I haven’t had the heart to tell him about this yet. They had ample time to ask for this evidence before making the offer since that phone call from admissions and that would of given time a chance to apply for a closer school. But nonetheless his dads evidence should be considered and accepted. Does anyone have any advice on what to do or about the appeal hearing process.

Where a child's parents live at different addresses and share care, the Local Authority will set out which address should be used. Have a look on your local authority's website in the school admissions section probably in 'information for parents'. It is often the address of the parent receiving the child benefit. However it may say something about how time/how many nights the child is at an address.

Child benefit states it doesn’t have to be paid to the parent living with the child as long as a contribution is made. As previously stated it was a short term solution but the application was made honestly and there’s no reason why they can’t accept his dads evidence of address. There are a lot of faults that the admissions have made and I’m asking for advice on appeals based on this and medical grounds.

This is a difficult one.

Admissions criteria normally state quite explicitly what the criteria around address is; it is normally the child's permanent address at the time of application, and if the child has two addresses, then the address they spend more nights at, or where child benefit is paid. Authorities can remove places if they believe an address has been used fraudulently, and given you kept the child benefit (and seem very adamant it was only a short term thing) I can see why they might have come to the conclusion that his permanent address is actually with you. Which i don't think you disagree with, to be fair? How much time does he spend with his dad normally?

If you want to PM me the LEA I can check exactly what they require.

On the special needs - again this is only relevant if they actually have a medical needs criteria and you applied under it supplying all the relevant documentation to prove this is the only school that meets his needs. Again I am happy to check if you want to PM me. However I'm assuming he wasn't allocated his place under this criteria if the address has become an issue?

Just reread and saw that admissions spoke to you re address- do you have any proof of that? Emails, letter? This could be submitted at appeal as evidence that they had accepted the application as was and are unreasonable in changing their minds, but you might struggle to make much of it if you have no proof.

I submitted medical grounds when applying he doesn’t have an ehcp plan this is in progress however this is the only school that can meet his needs. His permanent address was with his dad when the application was made and when the offer was made and during that time. Like I said his dad can prove this and I also have appointment letters for my son at his dads address during this time. They had ample opportunity to bring the issue up before the offer was made. My son never had 2 addresses and I never claimed to live with them. They haven’t asked about child benefit they have asked for a council bill in my name at his dads address when they should be asking him for this which he can provide. I have pm you.

They called me and asked me which is the most frustrating thing!

The only way that you are going to get this cleared up one way or the other is by appealing for a place at the school offered and then removed.
It is a difficult situation because whilst it is where the child was living when the application was made and was on the last day of on-time applications (Jan 16th) and therefore you seem to have done it correctly. However the LA has quite correctly raised the issue over the two addresses and because of the lack of evidence either way fallen back on the address where child benefit is paid. I am sure that will be in the admission criteria somewhere.
AsPatriciaHolmes says this may well come down to the panel having to make a decision about how unreasonable the LA are being in removing the place. If you have written evidence of the original conversation where the LA said this was OK, that would be a significant move to be able to show the LA are being unreasonable in the whole circumstances of the case.

Ah - so you applied using your name but his dad's address? That may have complicated things, because it does look as if you are saying "he lives with me as I'm doing the application, but I'm giving a different address". I can see why you did given his dad's dyslexia, but I can also see how it has added to the confusion unfortunately. I suspect if you had just applied in his father's name you might have had less of an issue.
I'll take a look at the criteria.

When I did the application online I put my address under my name and my sons different address under his name. This was again for a good reason given the dyslexia and extensive medical reasons which needed to be shared. That’s why they called me to ask why they were different and they were fine with that. They should of asked for evidence back then because now that’s prevented me from re applying and has cost my son a place at schools in the area. Thank you appreciate the help. In regards to what admission just posted there isn’t a lack of evidence there is evidence they just won’t look at it or accept it. His dad can provide evidence which they should accept because that’s where he was living it was also the address the school had. I can also provide evidence of appointment letters in my sons name at his dads address. They asked for council and utility bills which not everyone rents their own house some live with family and they asked that from me when I never said I lived there. They should of sent that letter to his dad.