Unfairly denied a place. Does it matter now?

[hibbledibble]

I didn't get a place at our local primary, which was our first choice, for reception entry. I put my child in the waiting list.

I later had an email saying the waiting list was being cleared, and to reapply if I still wanted to do be on it. I replied saying not to take me off the waiting list, and that the link supplied to reapply for the waiting list did not work. I clearly stated that I did not consent to being removed from the waiting list.

I complained to the ombudsman at the time, who upheld my complaint, but said that no further action would be taken as the local authority had promised not to do this again.

I have later found out that shortly after I was removed from the waiting list, without my consent, another child was offered a place. This was base don distance, and they lived further away. Therefore my child should have been offered this place.

Years on, my child finally got a place at the school, but I am now wondering whether it is worth highlighting that we were unfairly denied a place.

Not sure what could be gained from this? Clearly if I had known this previously, I would have had grounds for appeal.

Are schools really obliged to hold waiting lists? I think it may vary by area, not sure they are round here.

nobaggypants the admissions code. The local authority is obliged to maintain a waiting list initially for reception. The ombudsman upheld my complaint regarding this, so I can categorically say this is correct.

The argument is whether the list should have been maintained - if the ombudsman ruled it should have been were not checks made at the time as to whether a place offer had been missed in the meantime? I don't think you can argue your child was actually denied a place if there was no live application position on a waiting list for him/her at the time a vacancy occurred. Presumably you could have collected a paper form, for example, to register your continued interest.

Liz's no, no check was made.

I did complete a paper form, but another child got a place in the meantime due to this delay. There was a live application (my previous one), and I had also done my best to reapply when told I was coming off, but was unable to due to the broken link.

Did you appeal?

You've already complained about the waiting list issue though. Making the same complaint two years down the line when your child is actually at the school isn't going to change anything that has happened up to now.

You come across as being really angry but nothing will change as a result of a repeated complaint.

You clearly got a place eventually, op. How do you feel justice hasn’t been done? They can’t turn back time and offer you a do-over

The action point from the complaint to the ombudsman wasn't carried out, which is the key point in this.

Quite possibly nothing would change, if the council is not willing to listen to the ombudsman.

The child would have been admitted to the school before the complaint went before the ombudsman if it happened before you got a paper copy waiting list request in though!

The ombudsman upheld your complaint yet you want to have another go at it. Why? What if it gets rejected? When you are at the point of nothing actually helping you feel better about the situation you really need to take a step back.

Are schools really obliged to hold waiting lists? I think it may vary by area, not sure they are round here.

Are you somewhere other than in England?

The Admissions Code applies to all Admissions Authorities of state schools in England. So that means the Local Authority for schools for 'community' and Voluntary Controlled schools and Academy Trust or governing body for schools which are their own admissions authority. So, either the LA or the school must hold the waiting list. But whichever the Admissions Authority is for a particular school, the waiting list must be held in oversubscription criteria order until December 31st of the year of admission.
www.gov.uk/government/uploads/system/uploads/attachment_data/file/389388/School_Admissions_Code_2014_-_19_Dec.pdf

OP, if you have proof that the LA is still dissolving the waiting lists it holds and asking parents to reapply for a place on them, before December 31st, then yes, for other parents' and children's sake, please do report the LA to the Ombudsman again.

I really think you are over invested in this.
In the end he got into the school you wanted.
You sound obsessed.

I hadn’t realised that, MarchingFrogs, yes I am in England

I'd move on and leave it. I'm surprised you are still holding on to it as an issue.

I hear you sense of injustice but you have no way of knowing whether 5 other people ahead of your child on the list also missed out because they couldn't re-apply.

Regarding them getting the place - did you question them? How do you know they also had an incorrect link, but maybe they got the paper form back to the school before you did?

You say you're not asking for financial compensation, so why mention the cost. And the accident that your child had on the way to school is not to do with the school as they were under your supervision as a parent.

Honestly this is all a bit bizarre. Re opening the same complaint years on when your child is already in the school seems completely pointlessness and to be honest simply odd.
Why start out your relationship with your children's school like this

How do you know the place that was offered was on grounds of distance and not another higher qualifying criteria?

I mention the cost to give context here, as people don't seem to understand why this has upset me. The accident is related to the school journey very specifically, I can't give more details without it being outing. Slightly your comment regarding something that was very traumatic for us as a family comes across as extremely callous. The whole point is that the paper forms did unfairly disadvantage.

Crazy this is to do with the local authority, not the school, as I have already made clear.

Myrtle I know because the parents have told me!

Yes, the other parents

marching frogs yes the LA is still dissolving waiting lists prior to this date, and after my complaint was upheld.

I have said previously this would be the reason for reopening this, but people are either not reading this, or deliberately ignoring it.

Did you actually interrogate the parents of a new entrant to the school to see if they had more entitlement to the place than you had?!
That’s frankly unbelievable!

Your child’s injury too, while unfortunate, could have happened anywhere. You really can’t keep thinking that it wouldn’t have happened had you not been travelling to that school, it’ll do none of you any good.

HeadintheiClouds
It also assumes that the parents wanted to give the full picture of their application.

I wouldn't be sharing if I'd made an application with social, emotional or medical requirements, nor would I be willing to discuss if my child had a SEND need, especially if I knew someone else had a bee in their bonnet about their own child's place.

True, Lola. I personally wouldn’t have engaged at all.

yeah, I don't think you can rely on the parents saying we qualified from category 4 - they may well have been category 1 (LAC) or additional needs and not want to share that with you - if thats the case then irrespective of your application being live they would have got the place above you...

Even if you don’t stand go gain anything I think I’d still it further, they need their knuckles rapped. There’s no point in having rules/ombudsmen etc if they can just do what they like

I think I would take it further- with the LA not the school though I think? OP clearly says she has only just found out another child was given her child’s place 2 years ago. How could she have complained before now?

There isn’t much that can come out of it for you, but changing the policy for future so parents aren’t removed from the interests list makes sense