Primary admissions and moving help!

[Pushingtheenvelope]

Our 3rd DC is due to start school next September. Our tenancy expires at the beginning of April. Literally less than 2 weeks before offer day. Landlord wants us out and we cannot find anything else within school catchment at the moment. Obviously it's a long way off and something might come up, but it's a tiny catchment and there are very few rented properties. We have two older DC at the school already, but the rules around sibling priority mean that if you are outside catchment you are still quite low down the list and we probably won't get in. Rules where we are say that if you move before offer day you have to notify LA and they will take the new address into account. Is there anything we can do, other than beg landlord to extend the lease by a couple of weeks?

Which LA is this? PM me if you don't want to post the information publicly.

I have PMd you 🙂

This LA's admission arrangements are dubious to say the least. Their statement that they "must" use your new address if you move after applying is not true. If, as they suggest may happen, they take an offered place away because you move before offer day and don't tell them, that would be a breach of the Admissions Code. Unfortunately, that doesn't stop them from doing so and you would then have to go through the stress and uncertainty of an appeal to try and get the place back.

It would be safest if your landlord can delay things until after offer day. Failing that, inform the LA of your change of address when it happens and tell them that they should use your current address for admissions purposes, your new address for correspondence. That won't necessarily ensure you get the place you want but it will put you in a good place if you have to appeal.

This is so interesting! So what is the actual date they should use as a cut-off? Is it the date that applications close?

@prh47bridge I can’t find anything in the admissions code about change of address but then I’m not an expert. I will try to get the lease extended but it would be good to know there were some grounds for appeal if it all goes wrong.

There isn't anything direct, which is kind of the point. If, as they suggest, they must use your address on offer day, the Admissions Code would say so. However, there is a clear statement of the circumstances in which a place can be withdrawn. The only one of these that gets close is where the application was fraudulent or deliberately misleading. Since you can only apply from the address where you are actually living at the closing date, it is clearly not fraudulent or deliberately misleading to use that address unless it is a short term rent whilst you actually have a property elsewhere.

Thank you so much for this insight @prh47bridge. I had no notion that the LA could publish admissions guidance that was legally dubious. Actually though their system doesn’t make sense because as you say, if it’s your real address when you make the application, that’s clearly not fraudulent. Also you could end up bottom of the pile in the area of your original address because you’ve moved and also bottom of the pile at the new address because you haven’t listed the local school on your application because you moved after applications closed!

I had no notion that the LA could publish admissions guidance that was legally dubious

Unfortunately, some LAs not only publish guidance that is dubious, they actually operate policies that are illegal.

A few years ago, I represented a parent at an appeal where the LA was automatically putting late applicants at the end of the waiting list, which is clearly contrary to the Admissions Code. More recently, I represented a parent where the LA had removed the child's place because the parent was unexpectedly forced to move after offers were made, arguing that this meant that the original application was deliberately misleading. I am currently involved with a case where the LA is arguing that June is inside the normal admissions round despite the Admissions Code and the relevant regulations being clear that it is outside the normal round.

Most LAs get it right but a surprising number operate to what they think the Admissions Code and relevant regulations should say rather than what they actually say.

Wow. I was naive. I am hoping we would have a good case. At the time of applying we will be aware that we have to move, but this has clearly been our permanent address for years and at the time the applications close, we will have no idea where we’re going. I suppose I am worried that they will accuse us of being deliberately misleading. Is it better to be upfront about moving before offers are made, or should we not tell them and hope they don’t find out? I am planning to set up mail redirection anyway. Our landlord is not budging on the tenancy at the moment unfortunately.

If you have a recommendation for a local lawyer, I’d be very grateful for it by PM. Thank you again so much for your help.

My recommendation is not to use a lawyer! In my experience, most of those who claim to be experts in admissions aren't and I've come across far too many cases where lawyers have done such a poor job that they have turned a winnable case into a guaranteed loss. At this stage there is nothing a lawyer could do in any case. You just have to go through the process and see what happens. If the LA breaks the rules you will get all the support you need on here. I am one of several experts who contribute regularly and are happy to help people with their appeals.

thank you

Sorry @prh47bridge one last question and then I’ll stop. If we apply using our current address, then move after applications close but before offer day, and don’t notify them about the change of address, could that be construed as intentionally misleading?

The wording in the Admissions Code is that a place can be withdrawn if the application is fraudulent or intentionally misleading. In my view, a failure to notify them of the change of address does not make the application intentionally misleading. However, an appeal panel could potentially take a different view on this so I would recommend notifying them but asking them to use your current address for admissions purposes.

Makes sense thank you. I fear that if we do that, they will automatically apply their policy to take the new address into account and we will be forced into appeal. But I certainly don’t want to give even a hint that I am being dishonest.

Would any financial incentive work for your landlord? A little sweetener to persuade them for the extra bit you need?

Do they understand it is because of a school place that you want to stay for a couple more weeks at the end of the tenancy?

Surely the landlord risks you just staying put and not moving out until the admissions process is concluded especially if you have already managed to secure another property albeit out of catchment.

@OnTheBenchOfDoom. I haven’t put all details here but I think we are not going to be in house on offer day unfortunately. I hold out hope that an alternative within catchment will come up but who knows? I wouldn’t feel comfortable just refusing to leave, though that would be effective I imagine!

That is very sad. I was a guaranteed sibling in but still didn't inform the school when I moved until after I had done it.

It is difficult when there are those that play the system to gain admission and those that are at the mercy of the rental system like you. I would tell as few people as possible that you are having to move. It feels ridiculous with 2 children already in the school that you have to worry about the third getting in.

Is there anything unsuitable for rent that you would consider as a short term solution? I say this as someone who had to move into a hotel with DH and 2 young children for several weeks as we couldn't get our completion dates to match. This was before Airbnb! That way it would buy you time to find a suitable property whilst not being dictated to by the admissions policy.

I know it’s ridiculous. The admissions people unhelpfully say things like ‘try not to move during the admissions process’! We may end up in temporary accommodation anyway while we are between lets, but I have no idea what the implications of that are. They say you have to tell them what your permanent address is, but what if you don’t have one?!

We are in a very gossipy village so chances of people not finding out are small! I like to think no one would be so mean as to report us though.

Do you know why the landlord has given notice? Are they looking to sell? I would think they would prefer you to leave quietly and without damaging the property at all, a couple of weeks later than planned, than risk having to drag it out through the courts which could take months and months.

Honestly the simplist thing to do would be to not move until just after admissions day, whether your current landlord agrees or not. Just get your new place lined up for the date you want then stay put - it's less than 2 weeks, they'll just have to lump it.