Chain falling through during school application

[GiselleMaarschalkerweerddeKlotz]

Not sure if this is the best place to post this but just hoping someone out there will understand how this all works!

So for context, we've been in a chain for about 6 months which, due to some mental capacity issues at the top has failed to move. We love the house and haven't seen anything that even comes close so have held on as long as we can. Our buyer is now on the verge of losing his buyer so will have to pull out soon if nothing happens. With no sign of movement from the top it looks likely the chain will fall through. We would break it and go into rented but I am pregnant and due in about 4 weeks so the timing is pretty crap.

We could go back on the market and find a buyer who can wait but the issue we have is school places. My eldest is due to start reception in September and we put down 2 schools in the area we were moving to as first and second choice. The schools in the new area are much better than the ones here so would really like her to go there. Its only about 25 mins away and the same local authority but our current address would fall well outside catchment for both. The Head of our first choice said they would make the decision based on the address we were moving to if we put it on the relevant part of the form, which we did. It is walking distance from the school, so even if we rented somewhere close, it probably wouldn't be AS close as the address we put down.

Obviously we won't know until 16th April whether she's been offered a place at either of them but if she has and we've lost our buyer by then... what would happen? Would the offer be withdrawn? We're wondering if we have time to find another buyer or if it would be safer to try and appease the current one and just urgently find a rental but it may not be doable before his buyer pulls out (to complicate matters, his partner is also due a baby in Feb so dates when both parties can move will be difficult to organise anyway)

Anyone know if we would be able to keep the school place if we had lost our buyer? If we explained to the school that the application was made in good faith, our house is on the market and we will move as soon as it sells even if it's into a rental that's close to the school, would that make a difference?

Well done if you got this far and sorry I've waffled, I am just quite overwhelmed trying to navigate all this when I really should be preparing for birth!

That sounds mega tricky! I've been through a hideous house move not massively dissimilar (but without the school part, or the baby!) if you can make it work, then I'd not lose your buyer and break the chain.

Maybe go into rented, or something short term and then push like heck to get into the new house ASAP. I suppose if you've sold your house, and you are still buying the new one (in a roundabout way) then nothing has really changed in terms of the school application, but hopefully somebody else who can help with that will be along soon. Good luck!

I looked into this many moons ago as was thinking of relocating. I spoke to two different admissions in different local authorities and was told by both that I could only put the new address on the application if we had exchanged contracts. If that hadn't happened then the offer would be retracted. Are you sure the head of this school has got it right in saying you could just put the new address even though exchange hasn't happened? Just a thought as it is the admissions team that decides based on strict criteria I think, rather than the head. This won't matter of course, if the school is under subscribed. Good luck with it all!

Thanks very much for replying, in principle I'm inclined to agree. The problem we've got is that the court of protection is involved at the top of the chain and nothing can be done until they appoint a deputy (the top vendor was judged to have lost capacity during the process so his family don't have POA). Because of this, the pressure we can put on the upward chain to move is very limited, they really don't have any more control than we do. Also our buyer has not said how long he is willing/able to wait, we're trying to establish that now. If we go into rented on his timescale it might be that we end up just living there until we find an alternative house to buy. Trying to avoid that or at least get the birth out of the way and then find out what school place we've been offered first. But then don't want to risk losing it - it's just so bloody complicated!

That's what I thought reading the LA website but when I spoke to Head, he assured us that he would have the final say over admissions and it would be ok! I could only assume that he knew better than me? Either way, too late now as the deadline has passed and that's what we've put!

This doesn’t sound right. Admissions are handled by the LA. I’m amazed they haven’t contacted you already, I’ve lived in my house 8 years and was contacted to prove my address as I’m not listed on our council tax for some reason. I had to send utility bills to prove I live here.

if you don’t live in the area then no amount of explaining what the original plan was will be any good if the school is oversubscribed, your child’s place will be taken away. If it comes to light at any point before they start it will be taken away. Not sure what happens if it comes to light after they start. (As above, all irrelevant if the school is undersubscribed as they’ll take anyone from any distance in that situation.)

Sounds like a nightmare situation, sorry it’s not worked out like you hoped.

I would be very concerned about a Head that said that. It's simply not the case, in England, that a future possible address cannot be used unless in very specific circumstances such as you are a returning crown servant from overseas. If you had exchanged by application date that can sometimes be allowed, but it doesn't sound as if you did.

Unfortunately some Heads tend not to fully understand the legalities around admissions, and I think it's likely this one has misled you.

The Head cannot intervene and make exceptions. The Admissions code has the force of law, and all admissions must follow the schools admissions policy. Parents whose children did not get a place because they were pushed out by such exceptions would be entitled to appeal, and should win. (I sit on appeals panels).

Is the school it's own admissions authority? If you like PM me and I can check the exact criteria for address, but I think the Head is very much at fault here. Even if they are their own admissions authority, they still have to abide by the law.

If the address is not the provable residence of the child, then any place given using it should be reevaluated using your current address, and potentially revoked if you would not have qualified for a place using that address. So yes an offer could and should be revoked should you not qualify from your current address, I'm afraid.

*Not sure what happens if it comes to light after they start." A place given using fraudulent information can be taken away even after the child has started.

Not that I'm suggesting your application was deliberately fraudulent OP, but places can and do get taken away in such circumstances. You simply cannot use a future possible address you have no legal tie to in this way. Otherwise loads of people would say, yes totally intend to buy this house next to X great school, honest, oh look it's fallen through, what a shame...

Just to be clear, it's not that it was put down as our current address, it was on the part of the form where you say if you are moving. We believed at the time that we were and that exchange was imminent, they give you until March to submit supporting document, such as completion paperwork. So it was made in accordance with their instructions and in good faith. On this basis, the Head was saying that if completion ended up being late, it would not result in a withdrawal if it was still going ahead.

If we were to complete on the sale of our house and then rent somewhere that is still within the catchment, would that not be enough to stop them withdrawing the place? We still have some time left to edit the application if there has been a change in circumstances (which there has) so we could do that but would definitely rather not. It looks like we may have to move to our buyers timeframe then, to make sure we are in the catchment by March?

Sounds odd. LA handles admissions centrally normally rather than individual heads. You wouldn’t be able to be granted the place based on the potential address you thought you were moving to that then fell through - you’re effectively taking s place from someone closer if the school is over subscribed and if it was that easy everyone would do it!
best chance if the school is the one you really want is to try and rent in catchment so that the change from the address you put down won’t be much. I too think the head might have advised you wrong, which isn’t your fault, but I hope you don’t get into trouble for putting down an address yoh hasn’t exchanged on - although I guess the penalty would be place would be withdrawn.

Sorry cross post there

Ah, I see, thanks for clarifying.

OK - well, if the admissions criteria specifically allow for a provable change of address by March (and that is written in the criteria, not just the Head saying he'll ok it) then that would be OK, if you could prove exchange by then. Such a late date would be unusual though. What the Head still couldn't legally do is say OK, it's fine, we'll just use the address even if you can't prove it by then., even though the criteria say we can't.

If the sale falls through, then a place must be offered using your current address. Any other address change at this point, I suspect, would essentially mean your application is treated as late, and would be processed after on-time allocation, so don't do that just in case the schools are undersubscribed, as you would get a place from your current address if so!

If you move to a rental by April 16, you can use your new address for waiting list allocations though, which if you move close to a school would be a help, as waiting lists must also be held in order of admissions criteria.

What you can't do is get a place using the new suggested but now not happening address, then say oh we don't and never did have that address, can we use this address now and keep the place please. The admissions authority at that point should assess your application afresh based on the new rental address, as a late applicant, behind the on time allocations.

There are definitely academies and faith schools who handle admissions differently, so this could be entirely correct. Some.authorities also allow for moves during the application process. School admissions are tricky enough without adding extra stress (school admissions, new babies) so hopefully things will come right.

If you have been honest with the LA, all you can really do right now is sit and wait- both to see whether you get in, and see what happens with the others in the chain.

Good luck with your new baby when they come, OP!

Thanks everyone for the feedback and sorry if I've been a bit incoherent just rushing around all evening and in a bit of a panic.

So our LA have three deadlines in their policy:

1. The Jan deadline to submit application
2. 26th Feb to make changes to your app if there has been a significant change in circumstances this will not be treated as late
3. 15th March to submit supporting docs eg completion paperwork or tenancy agreement

DH has just looked up the school and it says they are part of a trust that can handle its own admissions but delegates this to the LA - clear as mud right? But there may be some truth in what the Head said

The date that's been proposed for our sale is the end of April because of babies due. I am wondering if we submitted a tenancy agreement by 15th March and then docs from our solicitors showing sale due to complete by end of April and purchase still going ahead date TBC if that would be enough? Or would we need to get the tenancy in place by 26th Feb and change the moving address to the rental in order to not be treated as late application? In which case we go with whatever date our buyer wants and I just have a baby and move to rental at the same time 😬 I've tried to contact the LA for advice before and it took weeks to get a response which just referred me back to their policy doc.

Just as an aside, we've been trying to move to the area since early 2022 this is the third chain to break down on us in that time! When we filled the application around new year, we had just received contract paperwork for both sides of the transaction and were under the impression that the top were making progress too so finding ourselves in this situation so close to the deadline is frustrating beyond belief! Also got mega mum-guilt for all the upheaval we'll be putting DD through. Good to have a place to vent if nothing else so thanks 😂

Or would we need to get the tenancy in place by 26th Feb and change the moving address to the rental in order to not be treated as late application

If you can't show exchange by the March date, This would be much the preferable option. Even if the school is its own admission authority, the Head must abide by the published criteria. They have delegated responsibility to the LA, so those rules are what count, alongside the schools published admissions criteria. The head cannot say, oh in this case, we can have the documents late. He would leave the school wide open for appeals.

You can't submit a tenancy on 15 March as it would be a different address, and count as a new application.

Thanks, that is helpful (although obvs not what I wanted to hear!)

I thought that maybe if docs from our solicitors can show we are still processing the transaction to ultimately buy the house we've applied from (and the rental within catchment is an interim address until that transaction completes) then maybe it wouldn't be treated as late - but would that not matter at all?

I thought that maybe if docs from our solicitors can show we are still processing the transaction to ultimately buy the house we've applied from (and the rental within catchment is an interim address until that transaction completes) then maybe it wouldn't be treated as late - but would that not matter at all?

If you haven't exchanged by the March date, no. Transactions collapse at the last minute all the time, and criteria have to be applied evenly to all. If you can't prove that address by the deadline, it cannot be considered, and a rental address would at that point trigger a new application.

We had a similar issue with schools whilst moving.
Even though exchange was due to take place at the start of sept, the LA admissions dept wouldn't consider an application for the catchment school without proof of exchange. We ended up completing at end of Oct so DS stayed at his original school until the following school year.

Are you sure that the space on the form for a future address wasn’t designed for confirmed future moves (eg exchange of contracts or signed tenancy) with the March deadline being for paperwork to prove it actually happened (eg completion certificate, council tax payment or other confirmation of actually moving in). It would seem strange to a) take an address which legally the applicant has no ties to and b) to have such a long lag to prove it.

Could someone further up break the chain to allow you and those lower down the chain to move? Could everyone involved chuck some money at them to cover the inconvenience of moving into a rental?

How are you getting on @GiselleMaarschalkerweerddeKlotz ?