Ex changed preferences for school choice

PrimarilyParented · 2022-04-20T20:03:14+00:00

I have name changed for this so it can’t be linked to my other posts. my DP and ex agreed on the school choice order for his youngest child. After the cutoff date his ex changed this order and the child has now been awarded a place at a school dp was happy to be second choice but is definitely not the better school and it means the child is at a different school to his siblings and there are now 3 different school drop offs to be made each day. we know this was changed after the cutoff date as the ex told him she’d done it when she changed her mind and he contacted the LA to say he didn’t consent. They replied saying nothing would be changed unless there were exceptional circumstances as it was after the cut off and so he wasn’t worried. The LA’s guidance is clear that they won’t change the order of preference without good reason after January 15th and will require proof of this reason. There was no good reason (ex just stated she had changed her mind and they accepted this sometime in February). Does anyone know if my DP has a case for an appeal based on the fact that the LA did not follow their own rules and changed the order of preference with no valid reason or proof required?

meditrina · 20/04/2022 21:10

Has he actually established that the order was changed?

The LA appears to have told him that no change was made.

Might it not be the case that they simply did not qualify for first choice school but did for the second?

NurseBernard · 20/04/2022 21:13

The LA’s guidance is clear that they won’t change the order of preference without good reason after January 15th and will require proof of this reason. There was no good reason (ex just stated she had changed her mind and they accepted this sometime in February).

So then surely the child has just been awarded the second place choice.

pizzaand · 20/04/2022 21:14

How do you know that this is not the school allocated based on the original submission?

Original poster

PrimarilyParented · 20/04/2022 21:47

Sorry, his ex has sent him proof the order was changed (screenshot of portal). He would almost definitely have been given the first choice school they agreed on based on sibling connection.

OP posts:

Original poster

PrimarilyParented · 20/04/2022 21:48

P.s. ex also sent proof of the original order submitted, as he questioned whether she had always put this order and she proved not but that it was changed by LA in February.

OP posts:

TracyMosby · 20/04/2022 21:53

The sibling connection. Is this the ex’s older children? Or your dp’s older children?

Original poster

PrimarilyParented · 20/04/2022 22:13

The sibling is a full sibling so ex and dps also.

OP posts:

ChoiceMummy · 21/04/2022 07:25

If you have parental responsibility for a child, you are entitled to have a say in which school they attend and generally about their education. However, legally, only one parent has to make the application and accept the place.
If you disagree with the awarded place you can appeal. Or take the case to court. But there's a very low chance of winning in a court when the school was one of your choices. And without educational reasons for why this one is inappropriate, eg due to provision for special needs etc, you don't really have any "case".
The fact that you have 3 drop offs is irrelevant and could have happened anyway by the time secondary schools are included. The fact you also have to cater for a sc is ultimately yours and your new partner's issue to manage.
It's not as "convenient" for you, but that doesn't necessarily make it the wrong choice for your child.

HumunaHey · 21/04/2022 07:31

Who accepted the school place? My DS was offered a place to all hos 3 choices. We accepted his first, but could have accepted his second or third choice instead.

If there is sibling connection, surely a place would have been offered there.

ChildOfFriday · 21/04/2022 07:48

HumunaHey · 21/04/2022 07:31

Who accepted the school place? My DS was offered a place to all hos 3 choices. We accepted his first, but could have accepted his second or third choice instead.

If there is sibling connection, surely a place would have been offered there.

In England, people only receive one offer of a school place (the highest preference on their form which is able to offer a place). It is then possible to go on waiting lists for other choices or ask for a place at another school which has them available, but you will initially only receive one offer.

HumunaHey · 21/04/2022 08:15

@ChildOfFriday I'm in England and got three offers 🤔

prh47bridge · 21/04/2022 08:25

This doesn't make sense. The LA say they won't accept any change in preferences without good reason. Your partner's ex saying she changed her mind was not a good reason. So, the possibilities are:

the order was changed before January 15th
the order was changed after January 15th but the LA ignored it
the order was changed after January 15th and the LA broke their own rules
the order was changed after January 15th and your partner's ex came up with a much better reason than simply changing her mind

You need to establish what actually happened. Don't rely on screenshots from your partner's ex. They may not be telling you the full story.

If the LA did not accept the change of preferences and your stepson was awarded the second preference, it sounds like you have a case for appeal on the basis that the sibling link was overlooked.

However, if the order was changed before January 15th or your partner's ex came up with a good reason for the change, the LA has got this right so there is no obvious case for an appeal.

If the LA accepted the change of preferences purely on the basis that your partner's ex had changed her mind, you have a case for appeal on the basis that they have broken their own rules in accepting this change.

ChildOfFriday · 21/04/2022 08:25

HumunaHey · 21/04/2022 08:15

@ChildOfFriday I'm in England and got three offers 🤔

I’m not sure what happened then but that is not what should happen. The system is that everyone gets one offer- that’s the point of putting your preferences in order.

EduCated · 21/04/2022 11:11

Surely the bigger issue is to work out between your DP and their ex which school they actually want the child to go to? Even if your DP wins an appeal, will the ex actually facilitate child attending that school? Why did the ex change it and want the other school?

HappilyHadesBound · 21/04/2022 11:20

Sounds like a possible specific issues order at court.

We have a similar (but more extensive) issue with my dh's ex. We have a child arrangements order which states they have to decide on a school together but she's doing it herself and refuses to discuss it. We're going back to court for a complete new order.

prh47bridge · 21/04/2022 13:10

HappilyHadesBound · 21/04/2022 11:20

Sounds like a possible specific issues order at court.

We have a similar (but more extensive) issue with my dh's ex. We have a child arrangements order which states they have to decide on a school together but she's doing it herself and refuses to discuss it. We're going back to court for a complete new order.

Unfortunately, it is too late for that. The courts can't change what has happened, nor can they force the LA to change the allocated school at this stage. However, if the child's mother has ignored what she agreed with the father, that is evidence of unreasonable behaviour that could be used if there is any legal action between them concerning the child in future.

HappilyHadesBound · 21/04/2022 13:10

@prh47bridge

Unfortunately, it is too late for that. The courts can't change what has happened, nor can they force the LA to change the allocated school at this stage. However, if the child's mother has ignored what she agreed with the father, that is evidence of unreasonable behaviour that could be used if there is any legal action between them concerning the child in future.

But you can still apply to the school again as a applicant

Original poster

PrimarilyParented · 21/04/2022 13:55

Thanks everyone. We are as sure as we can be that the LA broke their own rules and changed it simply based on the mother changing her mind after the 15th January.

there are SEN concerns and this is partly what upsets my DP about the school choice as what was their first choice is an outstanding primary with a huge range of SEN provision. the LA at this point have shut down and claimed GDPR means they can’t discuss it with him as he’s not named on the application.

I appreciate that even if his appeal wins this is not going to be nice as his ex partner will be upset by that, but at this point one parent is going to be no matter what.

OP posts:

HappilyHadesBound · 21/04/2022 13:56

If they're claiming GDPR, respond with a Subject Access Request for all information relating to the dc (assuming your partner has PR)

Raera · 21/04/2022 14:02

Another panel member here. Our LA operates an "unpublicised" later cut off date for accepting applications. This is to assist those parents who might not be very organised and are late applicants and give them an extra couple of weeks. Does your LA do similar I wonder?

Original poster

PrimarilyParented · 21/04/2022 14:52

@raera they note the extended deadline but specify that only in exceptional circumstances and with proof will they accept changes during this time.

OP posts:

prh47bridge · 21/04/2022 18:18

HappilyHadesBound · 21/04/2022 13:56

If they're claiming GDPR, respond with a Subject Access Request for all information relating to the dc (assuming your partner has PR)

They can still use GDPR to refuse to release any information about what happened with the application as that is the mother's personal data. They certainly can't tell the OP's partner the justification for changing the preferences, for example.

ChoiceMummy · 21/04/2022 21:44

PrimarilyParented · 21/04/2022 13:55

Thanks everyone. We are as sure as we can be that the LA broke their own rules and changed it simply based on the mother changing her mind after the 15th January.

there are SEN concerns and this is partly what upsets my DP about the school choice as what was their first choice is an outstanding primary with a huge range of SEN provision. the LA at this point have shut down and claimed GDPR means they can’t discuss it with him as he’s not named on the application.

I appreciate that even if his appeal wins this is not going to be nice as his ex partner will be upset by that, but at this point one parent is going to be no matter what.

Ultimately, unless there's an SEN diagnosis which requires an EHCP so the alternative school would be a specialist school or have a room for attached specialist unit, named on the EHCP, or they're proven to meet these diagnosed needs whereas the other school does/cannot, then the assumption will be that schools are expected to meet the needs of all of their pupils including those with SEN. So appealing would be futile. You cannot appeal if the mother applied as its her application not yours and ultimately his "opinion" re the processing is irrelevant to this specific application as its not his. And she's not got an issue! Given, I presume she's the resident parent, this was always going to be the potential outcome, that she'd do as she sees fit. She's consulted with the father. Heard his opinion and then as is her right as the RP and applicant, made the application as she deems fit.

You'd be better off putting your energies into working out how you're going to facilitate the school runs from September.

Courts cannot overrule the LA allocation process and it doesn't sound as though there's any genuine reason for claiming this school won't be able to meet your child's needs given you agreed to it being a choice in the first place.

Original poster

PrimarilyParented · 21/04/2022 21:45

@prh47bridge thankyou, we are as certain as we can be that the council broke their own policy in accepting her change of preference for no good reason and did not require any proof from her (there really can’t have been any). Now we just have to figure out how to appeal.

OP posts:

HappilyHadesBound · 21/04/2022 21:46

@prh47bridge

They can still use GDPR to refuse to release any information about what happened with the application as that is the mother's personal data. They certainly can't tell the OP's partner the justification for changing the preferences, for example.

They should because the reason for the change relates to the child not the mum.