Secondary school place withdrawn

[Ang12]

I would really welcome some advice as I do not know what to do next. I have just received a letter from our admissions authority telling me that my son's school place which was offered on 1 March 2012 and accepted on 3 March 2012 (copies of emails kept) has been withdrawn as a result of an error due to him being assessed under the incorrect admissions category for the school. We have done nothing wrong (our forms are correct) and it seems the mistake is the school's or Local Authority. Interestingly whilst everything else to do with admissions has been through email this was sent in the post (no phone call) just in time for the Easter holidays so we cannot contact the school. They have also very kindly told us that his place has been offered to the next child on the waiting list!!

I have a very distraught son, who for a month has thought he was going to this school. Whilst he has been put into the second choice (he seems to have jumped the watiing list for that one!!) I would have asked for him to go on the list for my other choices and I have now lost a month of time on their list.

This is a catholic school which has its own criteria and he is in Category 4.

Help... It would be very grateful if anyone has any advice on how to approach this?

We've had this before, I don't believe they can withdraw the place.

www.mumsnet.com/Talk/primary/923176-Just-had-our-first-choice-place-withdrawn/AllOnOnePage

I really don't think there is much you can do apart from writing a letter of complaint. however it won't get your son's place back. It's pretty awful behaviour on the part of the school though.

Am pretty sure it has to be withdrawn within a certain length of time (a number of days rather than weeks) and that they aren't allowed to do this. Don't know whst your next steps need to be though - hopefully one of the admissions experts will see this and give some guidance.

Having read the thread Viva linked to (which had a positive outcome :)) there is a part of the admissions criteria which state that withdrawing a place is not allowed in this case. Abd that a reasonable time to withdraw one is hours rather than days and definitely not a number of weeks.

Do you know who made the mistake? Do you have that info in writing?

Was all the info you submitted totally correct?

If the admissions authority (in this case likely the school?) put you in the wrong category then you will probably have a very strong case for getting the place anyway. You may have to appeal, and that's definitely worth a shot.

Good luck!

Thank you all for your quick response and thank you to schools nightmare. We are going to contact the Council on Monday and will write to the school next week (although they are now closed). Is there anything I can quote on length of time to withdraw a place? I cannot see anything on the L.A.'s website about withdrawel of a place (everything is done electronically) although I'm sure its in the small print somewhere!!

Funnily enough I recently double checked all our forms (both L.A.'s and school's own) and they are all correct, I have been completely honest and all our priest forms have been signed correctly. The only reason we are not in a higher category is that my son's school is not within their deanery. I am also aware that other children now from my son's school who was put on their waiting list are now being offered places which is only further causing my son upset.

Thank you again your advice is invaluable. As far as I am aware we are the only one this has happened to but I am aware of a sibling not getting in and then quickly being offered a place. Correspondence is with Surrey CC only and by email - they have a policy of doing everything eletronically now. However, the letter withdrawing the place, why and the offer of our second choice is in writing which will prove the place was offered in the first place, if they should question the email. The email offering the place states that as we were offered our first choice we will not hear anything in writing and that we will hear from the school which we assumed would be after the end of March (deadline for acceptances) and as it is our first choice our further choices are automatically withdrawn.

I have also spoken to our Priest and we are meeting with him on Monday and he is going to contact the Diocese to find out what happened and what can be done.

Thank you we now have some research to do before contacting Surrey CC first thing Monday morning. Will keep updated.

Have just read thread from SchoolsNightmare as the school is a faith school, am I in a weaker position?

Okay I'm going to admit I'm a technophob but how do I contact Admission or prh47?

Okay worked it out now. Will keep informed of what happens

Thank you so much - We are still in a state of shock and cannot believe they can get away with it. I'm worried now that we don't have a case as the correspondence is with Surrey CC and not school and is a faith school. We wont give up without a fight though!!

This is very straightforward. They haven't got a leg to stand on. It is far too late for them to withdraw the offer on the basis of a mistake. This has been established by cases with the Local Government Ombudsman. The only valid reason they could now use for withdrawing the place is if you applied using an incorrect address. And even if they had withdrawn the place correctly they should have put your son on the waiting list.

Tell them that you understand that the LGO has ruled that, if a place is withdrawn on the basis of a mistake, this must happen within a few days of the offer (case 99C01876). As they have waited 4 weeks and then notified you by letter rather than any faster method they have clearly failed to meet this deadline and you therefore expect them to honour the place you have been offered and accepted. Say that if they do not reinstate the place immediately you wish to appeal against their refusal to admit your son and that, in the meantime, you trust they have placed your son on the waiting list. Point out that if they have failed to do so and any children have been admitted who should have been behind your son on the waiting list this will be further grounds for appeal.

Thank you so much, after a completely sleepless and anxious night we have decided that we are going to use tomorrow morning to research the LGO case so we have the right words to use when we go back to Surrey CC. The only thing I am worried about is that we have a weaker case because it is a faith school and all correspondence is with Surrey CC not the school - I'm am checking with friends to see if they had received anything from the school yet. We are also going to call the Advisory Centre for Education. According to the letter from Surrey Cc, he has been put on the waiting list but as we cannot call the school (Easter holidays) we do not know where he has been placed. Thank you again, this is the first time I have used Mumsnet and am overwhelmed by the support and people who are willing to giving up their time to respond to me.

No advice to offer I am afraid - although you seem to be getting some good advice here.

Just wanted to say how bloody awful and I would be fuming. I really hope you fight this all the way and get your sons place reinstated. Its an awful way treat a family and a child.

And - the timing is horrendous. I am very sceptical if this may have been part of th reason for the delay - the school close etc. Pain in the nexk also, that the letter should arrive on a Saturday as well.

Good luck with it all, please do come back and let us know how you get on.

Thank you have just heard from a friend that the only correspondence she has received from the school was this Saturday (31 March) with his induction papers and forms, etc. Therefore, the school must have picked up the errror last week and instead of calling us has asked Surrey CC to do it.

Have nothing to add but don't assume school is closed most high school office staff work during holidays. Try calling on Monday or go to the school directly.

No firm advice to offer,but when you mention that you are going to contact the Advisory Centre for Education,I presume you mean these peoplewww.ace-ed.org.uk/,if so,they are fab,have used them twice before and the advice and help I received was great,the only thing I would say is that both times it took quite a few phone calls before I got hold of them so dont give up if they dont answer the phone at first.Good luck,keep us updated.