ALREADY ACCEPTED SCHOOL PLACEMENT BEING WITHDRAWN!

[Elzemni]

Help!

An already accepted school placement is being taken away because my landlord decided to renovate his property and i had to moved out way after school application deadline.

Basically I applied as normal like the rest of us parents for my 4 year olds school placement. Luckily he got a placement of first choice, visited the school and met his school teacher. Only to be sent an email from the local authority three weeks before him starting school requesting for proof of residency.

So i sent them the required documents again making them aware that my son is starting school on the 5th of September and will be starting as
normal.

However schools like to now come over and visit the child at their home address, so a day before me and my son were waiting for his teacher to arrive however she didn't show.

After calling the school and asking where the teacher was i was told to expect a call back for an update. Within 10 minutes i received the call only to be told that the placement had been withdrawn, i then explained to the receptionist i didn't receive an email only to be told "yes they will email you later today".

the day went by and nothing nor did i get one the following morning so as normal at 1.30pm i took my son in to school to visit his teacher and the rest of his class.

Upon arrival his teacher looked at me and said that he can't be here and i need to go to the school office as children and parents stood outside the class waiting to go in.

Bearing in mind im heavily pregnant and am due to give birth at any given moment. So i explained let's go in and let my son settle in and i will go and have a chat with
the office.

Few moments later the head teacher arrived and took me to her office, as soon as we sat down i was told that my son isn't allowed in school and it would be "illegal" of her to have him there as his place has been withdrawn.

I then asked yes i was told this yesterday on the phone that you had received an email can i have a look at this email, only for them to retract their statement and say oh no they told us over the phone! However i explained i had not received any correspondence and i was still waiting to hear from the local authority (LA).

The headteacher sat there really trying to patronise me explaining that i'm no longer living at the address when i had applied and that this place was now being withdrawn.

I then went on and asked her three simple questions: when applying for schools who do you apply to? she replied "local authority"

i then asked: who are school placement given by? she replied "local authority"

finally i asked and who has the right to take a placement away? to which she replied "local authority".

So my question was why am i sat here being told otherwise when they haven't even replied! further more rather then having your support given my circumstances i feel as if your trying to push me out because of something that was beyond my control!

The receptionist lady then popped her head from the door to tell me she had the LA on the phone, i explained i was waiting for them to email me so i'm fine not in a hurry to speak to them. (as to me my son has his position and is in school)

The head teacher then jumped out her seat to say "oh il have a word with them".
i waited for around 10 minutes only for the headteacher to walk in with an email from the LA to the school saying they hadnt received any information as required and that my placement will be withdrawn!

i then pointed out to the headteacher what i was saying to her 15 minutes ago that rather than having her support she wants me out and now she's waving an email in my face to say my son cant come back to school his place had been withdrawn and the LA will email me later! Now how does that work a school being told before the parent? the teacher then said if i was to bring my son in to school the following day she would then have to call the police!

i was not happy but kept my cool and went to grab my son who i found not in the room
with the rest of the children but with a teacher in an office reading him a book! they wanted my son out!

i then left, went home and contacted the LA explaining emails had been sent and nothing had been looked in to but simply on the say so of a headteacher my sons place in being withdrawn.

I explained i was due to have a baby at any given moment and resent the previous emails to show i did send what they required.

The position offered to my son was not at all conditional upon him remaining at the same address at the point of application. They had for some time details of the change of address and failed to take any measures in a sensible and judicious manner. It has been over two weeks now and my son is still not in school because it's states in their policy that a child needs to be living at the address from january 2019 up until September 2019 and beyond. this needs to be his normal place of residency which it was to be fair until due to unforeseen circumstances i had to move!

I simply don't know what to do is this fair? can they take his already accepted placement on their policy of having to still be living at the address?

Yes, but the rules do state that she needs to notify them of her change of address

The Admissions Code trumps the LA's rules. It states that there are only three circumstances in which an offer can be withdrawn:

• the place has been offered in error
• the parent has not responded to the offer
• the application was fraudulent or intentionally misleading

The LA cannot withdraw a place just for failing to comply with its rules.

The place was clearly not offered in error and the OP tells us she accepted the offer, so the first two points don't apply. So the question is whether the application was fraudulent or intentionally misleading.

If this case were to go to judicial review I think there is a very good chance that the courts would decide the wording in the Admissions Code refers to the application at the time it was made. An application that was made in good faith with the correct information does not become fraudulent or misleading due to later events. And, if the OP had notified the LA of her change of address, she had the right to insist on them using her original address for admissions purposes with the new address for correspondence only until offers were made.

The only way this action by the LA is justified, in my view, is if they can show that the OP's change of address was always intended and that she only used her original address in an attempt to gain a place at her preferred school. If the OP is being honest with us, I think they would fail. So, in my view, the LA should reinstate this place.

Having said that, the OP is not helping herself. She needs to talk to the LA.

Time to ring a solicitor then if it's unlawful

That would be the last resort. At this stage the OP needs to talk to the LA, be clear that their withdrawal of the place is contrary to the Admissions Code and demand that it be reinstated or, failing that, she should be allowed to appeal.

Except getting a place on one address, being told to inform relevant people, deciding not to inform relevant people, moving house and then complaining when the new address is a problem looks entirely fraudulent (which IS grounds to withdraw).

Had the OP actually done what they were told to do, then nobody would be questioning their motives or think it was a fraudulent application. It doesn't make sense to ignore very clear advice and keep crucial information secret from the school (knowing that school place fraud is an issue) only to complain that someone has decided suspicious actions look suspicious

Have I got this right.....

OP was offered school place in May

Informed by LL she needed to move out in April

School were aware on the move in May

LA requested proof of address, which OP provided, in August.

No further contact until the day before OPs son was due to start school, when school were supposed to do a home visit to new address but didn't show?

OP took son into school the next day to be told he shouldn't be there, and only at this point was she told she needed to re-apply?

Struggling to see what the OP has actually done wrong and why she's getting such a hard time!!! No wonder she hasn't been back......

Offered place in March not May sorry

Not how I'm reading it @FrangipaniBlue

OP was offered school place in April

Informed by LL she needed to move out in March

School were not made aware on the move

LA requested proof of address, which OP didn't provide, in August.**

No further contact until the day before OPs son was due to start school, when school were supposed to do a home visit to new address but didn't show?* No, they went to the address they were given. Old address*

OP took son into school the next day to be told he shouldn't be there, and only at this point was she told she needed to re-apply?* Apparently so. The LA must've written to the address she gave them to inform her they believed she'd made a fraudulent application and the place was withdrawn. Unfortunately, even though school had the LA on the phone this hasn't been clarified because the op refused to speak to them.*

OP said this:
no i moved out the area literally borderline and was told to reapply with the local council i now live in but i shouldnt have to as i had a placement for school which i accepted only to be taken away on the first day of school because i moved away.

Then another poster on P2 copied from the admissions policy:

Can I change the information in my application?
You can make changes to your preferences for schools before 15 January 2020 online. After 15 January 2020 this can only be done in exceptional circumstances. You will need to send us a new application; the information you give on your new application will replace the information on any previous application you have made. This includes a change of address within the Borough.

What if I move?
If you change your address you must inform the Primary Admissions Team immediately after you have moved. Your application will be amended to reflect your new address once residence is confirmed and will be treated as on time if received by 10 February 2020. Changes received after this date will be treated as a late application.

---

So it seems fairly clear in the policy that people have to inform of a move.
The OP didn't do this.
They said nothing until last minute and then are annoyed that actions looking suspiciously like trying to gain a fraudulent school place are being treated as fraudulent.
I don't understand why anyone wouldn't just do what the policy says. Schools are fairly tight on moving around adnissions. Doing anything to raise suspicion of motives seems daft to me.

So it seems fairly clear in the policy that people have to inform of a move

If the OP moved before the offer was made she should have informed the LA. However, she was entitled to insist that they use her old address and treat her application as on time regardless of her change of address provided she didn't want to change her preferences. If she had done that she would still have got the place that has now been withdrawn.

It seems the LA is treating the simple fact of a move that wasn't notified as meaning the original application was fraudulent. If it were me, I would argue that this is not enough. However, it seems the OP hasn't helped herself. The central question is whether the LA has acted reasonably in deciding that the OP's application was fraudulent. On the information the OP has posted, it clearly was not fraudulent as she applied in good faith, only for the situation to change unexpectedly later. But was it reasonable for the LA to decide that it was fraudulent.

I think the LA have enough grounds to have withdrawn the place. It's clear what was needed. The OP knew they were moving out of area (so not even like they could claim they weren't sure as they were moving in catchment). The OP chose not to inform the school, and instead chose to keep the school under the impression that her address was her old address. Had it not been for the home visit, as far as the school are concerned they wouldn't have been informed of the change.

I have sympathy for the original situation and notice to vacate, but if people try to get things through by hiding information then that's their wrongdoing.

At the time when OP received and accepted the offer she was living at the address she gave. Therefore at that point the offer was final and could not legally be withdrawn except in the limited circumstances set out above. Assuming that it is accepted that OP wasn't acting fraudulently, failing to follow an LA-imposed rules that she must tell them of her subsequent change of address doesn't make her actions fraudulent. If that were the case, it would be expressly set out in the School Admissions rules, and it isn't.

But it isn't wrongdoing, Lola. There is nothing in the rules that says LAs are entitled to withdraw a school place after it has been offered an accepted just because the parent has moved. If she had gone to them and told them of the change of address after she accepted the offer, they still could not withdraw it unless they could prove fraud. The simple fact that OP was forced to move does not make her actions fraudulent.

OP you said yourself

was told to reapply with the local council i now live in

and you didn't. I can understand that it is a stressful situation late in pregnancy but you knew you needed to reapply.

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.

Am I correct in thinking you didn’t provide address evidence?

Tonnerre
Yes her address was accurate at the time of application.
Then it changed to be out of area
She could have followed the policy for change of address and probably kept her place.

But she chose not to inform anyone, moved out of area (knowing she's out of area) and then seems surpsied and annoyed that people have questions about someone willingly hiding entirely relevant information for admissions purposes. Had it not been for the school visit they'd still be none the wiser.

It's funny how someone happens to not tell admissions and schools when they move our of area, but I'm guessing they'd have managed it if they knew they were still living in catchment. It's a bit of a coincidence. I can't blame the school for viewing it as fraudulent when there's specific steps for extenuating circumstances and moves and the OP chose not to follow them and hide the information.

Lola - prh is an expert on admissions rules and has experience of many, many such cases. They know their stuff (including the implications of the admissions code changes a few years ago)

Honestly if he (I think its he or is that Admission) says the OP has a valid case then they do.

I don't doubt there's probably some merit in appealing comeaway.

I just don't think the school have behaved out of order given the information they were/weren't given and the timeframes, given how much of a problem people gaming admissions is.

OP, if you're still reading, do take notice of prh47bridge. He does know what he's talking about.

I can see from your point of view that it was confusing to be told to 'reapply again' when your original application/offer hadn't been withdrawn. But you're not doing yourself any favours by not engaging with the LA.

What you need to explain is -

• you made an on time application from the address where you were living when the deadline for submission passed. This was the only address that it was lawful for you to make an application from.
• you had to move before offers were made, but you couldn't make an on time application then, as the deadline had obviously passed. This would have disadvantaged your child as he'd have been 'at the bottom of the list' through no fault of yours or his - you had done what the admissions policy told you to do.
• you accepted the place that was given as a result of your on time application.
• you have since moved home, but wish to keep the place offered as a result of your on time application.

Is there any way that you can demonstrate to the LA that you didn't choose to live in your original address just for school applications then move eg letter from landlord giving short notice of building work, year long tenancy signed a year ago etc, having been living there for many years etc?

She could have followed the policy for change of address and probably kept her place.

But she chose not to inform anyone, moved out of area (knowing she's out of area) and then seems surpsied and annoyed that people have questions about someone willingly hiding entirely relevant information for admissions purposes. Had it not been for the school visit they'd still be none the wiser.

If she would have kept the place if she had informed the LA of her change of address there is no doubt whatsoever that she should have kept it despite not informing them. And a move after the offer has been made and accepted is NOT relevant for admissions purposes. They cannot withdraw the offer because you move away.

If you own a house, rent to get a place and move back to the owned house once you've got a place, the LA is definitely entitled to remove the place.

If you do not own a house, rent near a school short term to get a place and then move away again, it is more debateable but the LA may be entitled to remove the place.

If you do not own a house, rent near a school and then are forced to move away after accepting a place, the LA is not entitled to remove the place.

Those, in essence, are the rules (although I could throw in a few more scenarios for completeness!).

Non-compliance with the LA's rules may raise suspicion that the OP is acting fraudulently but, in my view, it is not enough on its own to justify removing the place. The courts have taken a similar view in other admissions cases in the past, although it is not clear if those precedents still apply as the Admissions Code has changed. My belief is that they do but we won't know for sure until someone takes a case to judicial review.

I see what you mean.

So surely if the OP appeals and accepts they've messed up by not informing them (because it looks fairly convenient for school fraud in the eyes of the school) and outlines everything, they should have a reasonable appeal?

I wouldn't like to say for certain without seeing the LA's case but, based on the information posted here, I think she does have a decent case for appeal.

But if the school have to ultimately, prove that OP was acting fraudulently to remove her place, they really have no chance of doing this do they? Proving fraud is notoriously difficult.

On that basis I would contact the LA and tell them all this as per prh47bridges excellent advice

Proving fraud is notoriously difficult

They don't have to prove it - certainly not to the criminal standard. They have to do enough to show that their actions are reasonable. If they investigate and make a decision on the balance of probabilities they are likely to be ok. If they don't conduct a reasonable investigation or the decision is not supported by the evidence they've got they won't be ok.

You didn’t provide the requested evidence in the required time.

It’s very very clear in admissions code this is a sufficient reason for withdrawal of offer.

“OP was forced to move“

The OP wasn’t forced to move out of the catchment area. She chose to move out of the catchment area and rent elsewhere. She could have chosen to rent within the catchment area. And given a LL has to give a 2 month notice, unless she could show there were no similar properties to let at the time, I don’t see how anyone can argue she was forced to move out of the area.

She could have followed the policy for change of address and probably kept her place.

But, by law, she had to keep the place whether she told them about the change of address or not.

But she chose not to inform anyone, moved out of area (knowing she's out of area) and then seems surpsied and annoyed that people have questions about someone willingly hiding entirely relevant information for admissions purposes.

All rather loaded language. If I had a confirmed school place and subsequently was forced to leave my house, I'm not sure that going away and checking the nitty-gritty of the council's school admissions policies would be high on my list of priorities. No knowing that the council wants to be told definitely doesn't equate to "willingly hiding" anything.

By couldn’t OP (in theory) take them to court? What would stop her just perusing it that far (not suggesting this is a good idea btw)

I’m just wondering whether all this potential action would make it more trouble than its worth to just reinstate the place?

I have to say I’m not sure I’d want it after all this, but I assume it must be an amazing school for OP to want it so much