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Primary education

Join our Primary Education forum to discuss starting school and helping your child get the most out of it.

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Original poster

Schools Admissions

10 replies

Gwen67 · 10/03/2010 16:38

Hi,

My son was offered a school place to start junior school in September 2010. This place has now been retracted and they have given him another school the other side of the area. I was wondering if anyone could help me and advise on what to do.

I am appealing against this decision but I was wondering if anyone knows if the school or Surrey county council can do this.

I accepted the school place and handed the reply slip into the school, but I do not know where legally we stand.

Any advise would be very helpful.

Thanks

Gwen

OP posts:

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titchy · 10/03/2010 16:47

I think if more than a few days have passed since you were offeed the place Surrey doesn't have a leg to stand on.

It could depend on why the place was withdrawn though - if it was their admin error then I think you should be OK. However if something came to light that YOU did wrong - e.g. put wrong address down, then YOU haven't got a leg to stand on.

Original poster

Gwen67 · 10/03/2010 17:01

Hi Titchy,

Thanks for getting back to me. The error is completely their end as they have said that the wrong child got the place at school. The other child has the same last name as my son and they are saying that it was an admin error.

It took them 5 days to notice the error. I am also appealing for my other 2 schools as I have not got a place in them either because I accepted my first placed school.

The whole thing is a mess and nobody seems to want to talk to me. They are all avoiding me.

Thanks

Gwen

OP posts:

TrowelAndError · 10/03/2010 17:10

There is another recent thread about the circumstances in which LEAs can and can't retract offers which have been made in error. That might give you some tips.

Contact ACE for advice.

prh47bridge · 10/03/2010 17:26

Gwen - Titchy is right. If it has taken them 5 days to notice the error they cannot withdraw the place. Remind them of Local Government Ombudsman complaint 99C01876. In that case the head teacher offered places to 5 pupils. The LA withdrew the offers 3 days later. The ombudsman decided that the delay was too long and amounted to maladministration.

I'm not surprised they don't want to talk to you. They haven't got a leg to stand on. They HAVE to admit your son, even though that will take the school over its admission number. They don't have any choice.

Don't give up and don't let them force you to appeal. Under the rules, they have to honour the original offer. End of story.

prh47bridge · 10/03/2010 22:09

Another thought having looked at this again. If Surrey had got it right, you wouldn't have been given a place at your first choice school but you would probably have been offered a place at your second or third choice. From what you say it seems Surrey are now saying that because they made a mistake and offered you a place at your first choice, you can't have a place at your second or third choice either. That is just so wrong it is ridiculous. The rules, which they must know, are that if they make a mistake and that your son would have been admitted but for the mistake, they are required to admit your son. So, even if they could take back the offer of your first choice school (which they can't), they shouldn't be making you appeal for your second and third choice schools.

If it were me, I would be ringing Surrey CC tomorrow and being very firm. I would drop the words "maladministration" and "Local Government Ombudsman" into the conversation, along with mentioning the case reference in my last post. They may try and wriggle but they have no choice. They HAVE to honour the offer of a place for your son at your first choice school. Personally I would refuse to accept an appeal as that is not appropriate in this situation. If they try to insist, I would lodge a formal complaint. You have to go through Surrey's complaints process before referring the case to the LGO.

I hope you don't end up having to refer this case to the LGO but in my experience they are pretty quick when dealing with school admissions cases and, on the facts you have given here, this is a straightforward case with only one possible outcome.

admission · 10/03/2010 22:29

To just confirm what prh47bridge is saying Surrey are totally wrong to remove the place. It does not matter that they made a mistake, the fact is they gave your son a place at your first preference school. They should not have withdrawn the place, especially after 5 days.

As PH says go back to them and be insistent that they re-instate the place. Tell them that they will be getting a formal written complaint and then send it both to the admissions manager and the Direct of Childrens Services. There will be a marked reluctance to talk to you so it is important that you put it in writing to them - email will do.

Original poster

Gwen67 · 12/03/2010 11:42

Thank you for all your help. I am still not getting anywhere and I am now having to go through the whole appeal process. It just seems that whoever I talk to say that it was not me it was the other person. I feel that I am hitting my head against a brick wall.

OP posts:

prh47bridge · 12/03/2010 14:35

I'm sorry to hear that you aren't getting anywhere.

Insisting you go through an appeal is more maladministration. Don't go through with any appeal at this stage. It is not appropriate and may end up muddying the waters. As Admission says, send a formal written complaint to the Admissions Manager and the Director of Childrens Services at Surrey CC. If that doesn't result in your son getting his place back it will be time to refer the matter to the LGO.

I think your first step is to ring them up and say that you are lodging a formal written complaint over their maladministration and that you will not be proceeding with any appeal until this is resolved. In the written complaint, state the facts and mention the Local Government Ombudsman decision in case 99C01876.

Stay strong. DO NOT let them walk all over you.

Feel free to contact me direct if you need any help.

prh47bridge · 12/03/2010 14:43

Just to say a bit more...

If you go through with the appeal, you may end up losing. Appeal panels aren't necessarily familiar with this kind of situation. If you then take it to the LGO, Surrey may try to argue that, by accepting an appeal, you have accepted their withdrawal of the original offer. I don't think that will wash but you don't need that complication.

Keep it simple. There is absolutely no basis on which Surrey can force you to appeal or deny you the place that was offered.

A written complaint is definitely the next step.

admission · 12/03/2010 21:23

If appeal panels have been properly trained they will definitely know that the LA cannot remove places without good cause.

The time is now right to put this in writing as a formal complaint. My guess would be that this is currently being handled by admin staff who do not want to admit such a mistake was made, so go to the senior management. I would ensure that you do mention the LGO as many times as possible and give Surrey a time span for reply - say 10 working days, otherwise they will simply drag it out. If there is no sensible reply go straight to the LGO and ask them to comment on your complaint.

PRH makes a sensible comment about the possible problem in accepting the appeal process for the school in question. Appeal for the two other schools and hold off any appeal form for your first preference. There is no actual deadline despite what all LAs say, so see what a formal letter of complaint brings.

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