Can a primary school withdraw an offer once accepted and offer to someone else?

[Starlight987]

I’m looking for some advice about a school admissions issue because I’m not sure what’s happened here.

Last week I was offered a place for my son at a primary school for an in-year admission. I accepted the offer over the phone, and yesterday I went to view the school. When I arrived, the office manager asked why I wanted to move my son. I explained that I don’t feel he’s getting the right support at his current school and that he has special needs.

I could tell something felt a bit off during the conversation she seemed quite reluctant. She said she would speak to the headteacher to arrange a meeting, but I never heard back. When I called today to follow up, she told me they’d now offered the place to another child who has an EHCP and apologised, saying she only found out when she spoke to the headteacher.

I’m finding the timing quite suspicious, especially as everything seemed fine until I mentioned my son’s additional needs. I’ve already spoken to the council and they said the school shouldn’t really have done that, and they’re going to speak to their manager about it.

Has anyone had anything similar happen or know if this is allowed? Can a school just withdraw a verbal offer like that after a visit? I’d really appreciate any advice or experiences I just want to make sure I’m doing the right thing for my son.

Even if they offered it over the phone, it doesn't count unless the confirmed paperwork has gone in for the transfer. You are not quite right about the EHCP child not counting for the school NOR (number on roll), they absolutely do count, but exceptions can be made to accept them as a priority if there is safely space to do so (the LA can and do put maximum numbers on particular classrooms). Unfortunately for you, this child with EHCP paperwork was fully accepted first, therefore the space mentioned to you became unavailable. It must be really disappointing for you, but you can of course appeal the decision if you wish and can also ask to be notified if any further space becomes available.

@Readyforslippers Even if they offered it over the phone, it doesn't count unless the confirmed paperwork has gone in for the transfer.

What makes you say that? (As in what is your knowledge on this?)

The admissions code is very clear ; once an offer has been made, it cannot be withdrawn, unless in very specific circumstances. It does not depend on the paperwork. The child is not on roll until that has been done, but that is irrelevant.

A place was offered and accepted; 5 days later is too late to withdraw it.

Not sure why you are questioning me, but still. Firstly, I've been through the process and investigated it thoroughly at the time. Secondly, I work in education and so am very familiar with the process through having seen it many, many times.

That's not my understanding, or experience, but you are welcome to disagree.

I'm only questioning as I don't recognise your user name as a regular admissions expert, and your advice seems different from @prh47bridge . So honestly checking whether you are someone who knows what they are talking about, or someone who is not but just speaks confidently.

I change my name regularly, but have given some advice before. This thread just popped up and as I've been through it and worked with it I felt reasonably confident I could help/offer advice. Acceptance or otherwise of a child to be admitted to a school should be made in writing is my understanding, however that may of course vary for different authorities- my own experience relates to just the one I am familiar with.

@Readyforslippers you are mixing up various different concepts and have misunderstood the law. Sorry. OP, listen to @prh47bridge and send your email which is excellent, clear and factually correct.

I sit on appeals panels. Our training (from the LA) and our legal advisors are very clear on this.

An offer cannot be withdrawn, unless until specific circumstances, and an offer does not require any paperwork to be completed.

i'm slightly confused how the code can possibly be interpreted otherwise - it's very clear. Otherwise you could have a situation in which an LA offered a place multiple times, and just gave it to whoever could finish the paperwork first! Would make for interesting national offer days ;-)

There is nothing in the code that requires an offer to be in writing; however, OP does have an email that an offer was made and withdrawn, so even if this LA wanted to argue that, it cannot as it has already admitted an offer was made.

The school don't want a child with additional needs especially one without an EHCP and with a mother who criticises the previous school for failing to provide support.

Well, as I say, my understanding is a formal letter offering a place has to be done. Otherwise, the space is still available. If a telephone chat countes then anyone could telephone any school and say give me a space, which of course is not the case and does not happen. I'll leave it there, I've offered advice to try to help, let's hope the op is successful in whatever path she takes next.

Wow, I'm really not. Maybe things differ elsewhere, but it is the case in my LA.

Your (incorrect) understanding of your LA's process doesn't supercede the legislation.

I'm not incorrect, I see it all the time.

personally I think you should condense your email. Your point could be said in much fewer words, if you can reduce it it is more likely to get read and properly actioned. Everyone is time poor so it needs to be concise to help the reader. Tell them what your bottom line is up front.

as far as the withdrawal of the place goes I think you have 2 issues.

1- you have no proof as it was a verbal offer
2- the error may have been bought to their attention during the 5 days and they made you aware as soon as they knew. If that was the case it is within the policy.

Your LA's process does not override the law. The Admissions Code is very clear that, once an offer is made, it can only be withdrawn in specific circumstances. It does not say that the offer must be made in writing for it to be a valid offer.

Either you're incorrect or your LA isn't following the law. Either way, it doesn't help the OP, she doesn't require a written offer.

1. OP does have proof in the form of an email.
2. The admission authority can only withdraw an offer made in error for 3 days. After that, it is too late. It doesn't matter if they knew within 3 days. What matters is when they actually withdrew the offer.

Okay, if you say so.

I've no idea why you're getting petulant and defensive. You're a grown up presumably, we all make mistakes, you could just suck it up rather than doubling down in a way that doesn't help the OP, but alright.

Perhaps because I know I haven't made a mistake and I'm really quite astounded at the rudeness on here. I'm not going to chamge my mind about a process I know well. You may think I have made a mistake, but that is very different.

I understand though that it is not my knowledge you wish for. Ive been made to feel very unwelcome here and so will leave you to give all the advice you wish. I really have never experienced such nastiness on mumsnet before.

A well respected solicitor and an appeals panel chair have explained how and why you're wrong. You've even had the legislation point quoted to you. You feel that's subjective, but it isn't, seems like it's just dented your pride.

If you feel you've been made to feel unwelcome then fine, from my point of view you've just been corrected on something you're incorrectly advising OP on. We'll have to agree to disagree but a child's school place is hanging in the balance and I would hope OP would follow the correct advice on his thread as opposed to just your opinion.

it’s not nastiness to be told you have made a mistake for heavens sake!

@Readyforslippers it’s always worth remembering that plenty of processes both in the private and public sector don’t conform to the actual relevant law and if reviewed in a judicial process would not stand up.

I went on a course many years ago with a member of staff at a big company who explained their process for a particular situation. We explained to her that if this were to end up in a court case her company would lose, as the law requires something different to avoid contractual liability. She just absolutely could not accept that her company’s policies and practices didn’t make an iota of difference as in a court of law the law would be applied.

Look, I'm no expert but at the end of the day I am sure the school have a reason to turn down a child. They get funding per child and in the current climate they can probably do with all the funding they can get. But maybe that they feel they cannot meet your child's needs with current staffing and the funding brought in by an extra child would not be enough to hire an additional TA that would be needed. The law can say what it likes about numbers and ratios but each school knows what they can cope with in the physical space they have and with their staffing levels. Do you really want your child to be in a crammed classroom with high ratios and over stretched staff? Best of luck with finding a school place in either that school or a more suitable one, it must be so stressful!