HELP - Appeal Post Starting

[ShanksBest]

Oh, how I wish I hadn't opened my mails in the middle of the night.

I'm new to this site and just registered with worry and post the rabbit hole I've just fallen down all night. In advance, all help/guidance is greatly appreciated. There were lots of appeal threads, but I couldn't easily find one with my circumstances.

In a nutshell, we have just relocated cities (UK) in Jan 2025. To move back 'home' for added support and long term planning (house purchase took longer than expected, child was due to start Sept 24), our first choice of school was full, so we start at another school mid Jan 2025, four weeks in, we receive an offer at our favoured school, duly accept and we start. Everyone's in a far happier place, and it's noticeable, due to family/friends, grandparents can now lend a hand as it's a suitable walking distance, the list goes on.

Late yesterday evening, we received an email that the offer had been made in error and it was being withdrawn (he's currently coming to the end of his third week). This all seems very wrong. What would be the ideal grounds to appeal and ensure my child stays at the school they are already attending? I'm assuming a clerical error as the person liasing throughout (offer, acceptance, withdrawal) has been the same name at the local authority.

As a child. When asked his preference this school or the last, it has always been an unequivocal, current school, and he dislikes the other one. So he's clearly found his space and is thriving most notably the aggression and his improved focus.

As parents, attending this school has helped us massively from a mental perspective. Due in no small part to the people we already knew and those we have got to know. This will only help with the current toddler and incoming baby.

Surely, a clerical error shouldn't be at the detriment of a child's success and family/parents' well-being?

Some of my own thoughts, no idea what holds weight and what is superfluous to the cause.

Historical link to the school/immediate surrounding area?

• Myself and my siblings attended said school
• Have gone back over the years and most notably as part of my university degree frequented, and it formed a large part of my final year dissertation
• Teachers have played a large part in attending family milestones/special occasions over the decades, and although they are now retired, they are still in contact.
• We have family/friends on the road that the school is on to help out if ever needed

Support network/Location

• Moved back for this very school, and the support network afforded us
• Purchased a house two blocks away for said school
• Grandparents two streets away support with pick up
• Cousins, extended family and friends (in double digits) attend this school as opposed to the other school we attended briefly and knew absolutely no one.
• Drop off pick up has been a massive help from others, whilst the other school we were on our own. Not the easiest with a 2 year old and another on the way (been a few weeks) as one of us us has to work away 2-3 nights weekly and grandparents find the other school too far a walk (one is coming off the back of a knee op)

Wellbeing/behaviour

• Covid baby and all the associated foibles (reserved , small social circle, communication/expressive emotion difficulties) and is one of the reasons for the move. We just know more people where we are now and saw the benefit in interaction
• This would mean a 4th move in this academic year. Nursery (late summer baby), School #1 (Jan for 4 weeks in a new city), school #2 (current school 3 weeks), school #4 (whatever that may be if appeal is unsuccessful)
• Through the upheavel in relocation, he had started hitting, biting (parents/sibling) to the point it was getting quite aggressive, and we were at the point where we needed help. These last few weeks at this school have been a godsend as we see massive improvement in behaviour, and we put this down to current set up, surroundings, and positive interactions.
• Reading/Homework. Previous school, he never wanted to do any of the two and came home many a time screwing up or ripping what was required. This school he suddenly likes doing both.
• Emotional wellbeing we've met many more parents at this school, multiple play dates (post school/weekends), and just come off this weekend at a birthday party that he was invited. In the 4 weeks at the last school, we really didn't do any of this.

You need to find out what the error was. In my experience, if an offer has been made and the child has already started (thus place accepted and contract completed not just offered) it cannot/ or is unlikely to be withdrawn even in the case of error UNLESS there is suspected fraud on the application.
Ring the LEA and ask on what grounds the place (not offer) has been withdrawn.

I wouldn't bother trying to justify why you need the school - surely it's up to them to explain what the error was and justify removal of the place? You've accepted the place in good faith.

Unless they suspect your application was fraudulent, but that's a separate issue.

None of your current reasons hold any weight in appeal. It would be based entirely on the admissions policy of the school.
However, as you need to show the detriment to the school of admitting an extra child is lower than the detriment to you of refusal (as with parents of twins when one twin is given a place) as this is an infant class size appeal AND HE IS ALREADY ATTENDING this might be possible in these very unusual circumstances.

There are some school admissions specialists who may be kind enough to help.

@PatriciaHolm

@prh47bridge

Was everything in your application true and correct? You’re living where you say you do? Don’t own a house elsewhere?

There's no point arguing why your child should stay at the school, your focus should be on finding out why they have withdrawn the place.

You say I'm assuming a clerical error, but there shouldn't be any assuming in this situation. If a school place is being withdrawn, the reasons for this should have been explained.

Thanks for the replies so far, we obviously read this mail with shock in the middle of the night.

The intention is to call this AM post the school drop.

Coincidentally spoke to the headteacher this morning who advised they have been contacted late yesterday due to an error and a case worker assigned and that its the first time it has ever happened and that little more information was provided and he would contact us as soon as he has more information.

Definitely no fraud on our part as we provided house purchase documents/council tax etc.

I think it has been mentioned by the admissions experts in previous cases that the general precedent is that a place that was offered in error can only be reasonably withdrawn within 3 days of being offered, and that is before the child has even started, let alone when the child has been at the school for weeks! I am not an expert and just going by what I have read on here, but I believe you have a strong case for keeping the place. The admissions experts tagged above will be able to give you strong advice on the next steps and the case to quote that references the “3 day rule”.

They can only withdraw a place after your child has started if you acted fraudulently. If you have given correct info throughout, they can't.
I'm sure that an expert will be along with the exact info from the Admissions Code.

Unless they are alleging that your application was fraudulent or deliberately misleading, there should be no need to appeal. Paragraph 2.14 of the Admissions Code is clear that a place cannot be withdrawn once a child has started at the school unless it was obtained fraudulently. If this was a clerical error, they cannot withdraw the place. Point this out to them.

If they insist on taking your child's place away and make you appeal, forget about arguing why your child should go to this school. Your argument is simple. They are in breach of the Admissions Code and could not withdraw the place. That is the only argument you need.

In light of your update, quote Admissions Code 2.14. Google for the document. That is statutory, ie the law. There is nothing that they can do.

In Scotland where things are different, but totally horrified that staff (at presumably local councils) whose JOB it is to allocate school places, don't know the most basics of the law about allocating school places!

I hope you've sorted this with one phone call @ShanksBest . Completely understand the stress this has caused you.

I agree with this, I'm sure I've seen some of the appeal experts on here say similar.

This is the mail received, personal details omitted for obvious reasons

They are referencing clause 2.13.

Mail received:
Further to my email of the 11th February (date of offer), I am writing to inform you that I am withdrawing xxxx offer of the place at xxx Primary School because the offer was made in error. Point 2.13 of the School Admissions Code states that ‘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’.

Xxx's name has been added back to the waiting list of xxx Primary School. You also have the right to appeal against this decision to an independent appeals panel. Information on the appeals process and how to lodge an appeal is available on the xxx Council website: xxx

Xxx’s last day at xxx Primary School will be xx April 2025. This would enable you, provided you wish to, to submit an appeal, hopefully have your appeal heard, and also make alternate arrangements in case the appeal was unsuccessful. If you do appeal and your appeal is unsuccessful, please do not send xxx to the School after the xx April 2025 as he will not be allowed on the School premises. Alternative school arrangements will be needed after the xx April 2025 unless your appeal to the independent appeals panel against the decision to withdraw the place is successful.

There are currently places available at xx schools. If you wish xxx to be considered for a place at any of these schools or another school, please submit your application on the council application portal.

Ok fantastic - so you can simply draw their attention to 2.14 (ie the following paragraph to the one they quote!) and ask them to rescind this letter rather than go to appeal.

Best of luck! Looks like it will all be fine!

Absolutely this. It's scary how they can quote one par and ignore the next one. Whether it's ineptitude or intentionally dodgy, it's terrible that they could put a family through major stress and upheaval for no need whatsoever.

This is the section you're referring to. When it says less than one term does that only refer to fraudulent applications then? It's not clear to me...

2.14 A school must not withdraw a place once a child has started at the school, except where that place was fraudulently obtained. In deciding whether to withdraw the place, the length of time that the child has been at the school must be taken into account. For example, it might be considered appropriate to withdraw the place if the child has been at the school for less than one term.

https://assets.publishing.service.gov.uk/media/60ebfeb08fa8f50c76838685/School_admissions_code_2021.pdf

The admissions code clause 2.14 states they must not withdraw an offer once the child has started at the school unless fraudulent, which you have said this isn’t. They can’t withdraw it, send them this and quote 2.14.

That’s referring to if fraudulent. The first sentence says they must not withdraw an offer unless fraudulent, the next is referring to the fraudulent situation.

I've tried calling the number of the case worker the last hour to no avail, she's been constant right through the process.

Worthwhile going the general admission route (suspect they wont have history) or best to email the case worker directly, contact (tel/email) details are at the foot of the email received.

In your shoes, I would email the case worker and also ask for details of the complaints procedure as what they have suggested is in breach of statutory guidance.

Refer them to clause 2.14 which says:

2.14 A school must not withdraw a place once a child has started at the school, except where that place was fraudulently obtained. In deciding whether to withdraw the place, the length of time that the child has been at the school must be taken into account. For example, it might be considered appropriate to withdraw the place if the child has been at the school for less than one term.

The words "must not" mean this is compulsory. There is no option for them to do anything different. Your place was not fraudulently obtained and your child has started at the school, so they cannot withdraw the place. Email the case worker and point this out.

Thank you so much all. We really didn't need this over the weekend. Mail sent and fingers crossed.

This is just so strange. What year group is it and how many in the class, including your DC? Have they gone over PAN?

I'm not sure what DC or PAN is an acronym for?

It's reception at primary and if it's referring to numbers in class, he's been in for 3 weeks with no complaints from anyone.

I've got a waiting game to play. As I received an automated response to the mail I sent earlier with a 10 day max lead time (see below), I'll keep trying the number.

Automated Response: This is an automated response to confirm that your email has been received.
The School Admissions Team aim to respond to all emails within 10 school days