School appeals address mess

[Shreddies123]

Hi,
I'm in a bit of a pickle, around August last year me and my husband decided on a trial separation, he stayed at our flat because it out weighed my reasons for staying there such as parking when I don't drive etc
So I moved in with my friend around 10 mins walk away with my son, she works away in the week and it back from Friday to Monday which is the days my husband had our son at the flat.
Anyway during school admissions I put this address on the application.
I had a letter back from appeals asking to confirm address, I got my friend to write up a letter and a rental agreement, she explained the situation and I heard nothing back for a while.
Now I have to appeal because the lea feels I am being fraudulent about where I live.
I need to make a case to back myself up, my and my sons doctors have been registers her since August as well as child benefit and tax credits.
Bills, council tax were in my friends name.
I think they found this out because me and my husband lived in a council flat.
My name was still on the tenancy, but he says he told council tax he is now living alone.
Only proof I have here are my payslips, bank statement and phone bill and some of what I've written above. All bills were in my friend name and I contributed toward them half and half, my friend told council tax I was staying there but only around 8 weeks ago when it was apparent we would not be getting back together.
I really don't know where to go from here, I've seen some online services like appeals.org that pay a service to help you but I'm not sure, I need to know how to put a case together, please help.

Can you confirm exactly where you are up to in terms of the school place.I presume that the LA offered a place, based on current address and that they have subsequently withdrawn the place believing that you have used a false address. Is that the case?
When you go to appeal, the focus of your argument has got to be that the address to be used for admission purposes is the address where the child spends the majority of the week. On the basis of your post that is the current address. The LAs case is presumably going to be that they believe because you still have your name in the tenancy that you live elsewhere. You need to say in your letter to the appeal panel that you used the correct address as it is where you were living and child was spending the majority of the week on the last date of on-time applications. That it is not your fault that ex husband has not altered the tenancy agreement. That is wrong that the LA have taken unilateral action on the basis of poor incomplete information and that they should have asked for further information about where you were living. You then also need to furnish as much information as possible to show that you were living in the current address on the last date of on-time applications. That date is the all important date.

Hello thanks for you quick reply,
Your spot on about the withdrawal of his placement.
The admissions team did ask for more proof of where we were living so my friend sent a letter of with a tenency we made, explaining that no bills were in my name as I was contributing towards them, such as gas and electric, council tax etc
She was still living there although she work away four days a week me and my son lived in the extra bedroom.

In one way I can't blame them for thinking I used a fraudulent address as so many people 'play' the system.
Which I suppose we should have told the council about our split, but as it was very mutual I didn't think we'd have to plus my son stays with him Friday and Saturday night.

Is this the reason they may be investigating my claim ? Because I didn't tell the council we split? Or maybe it was because my name on the vote register still goes to my husbands address? Ooohhhh I don't know and I am stressing so much

Hi thanks tight tape,
This is the problem, I'm still in the tenency to the council property.
I'm sure this is how they found suspission but can't be sure.
My problem is with the appeal
I don't have bills in my name or a council tax
But I do have
A tenency
Phone bill to this address
Tax credits, doctor, dentist and child benefit to this address

Doesn't look very strong does it?

Yes it does look strong. You live with your friend. You have redirected everything you would expect to this address. You are not living with your husband and it sounds like that won't change.

As Admission says, it is not your fault that you are still on the tenancy agreement for the flat.

As long as the appeal panel accept that you have genuinely separated from your husband and have no intention of moving back in with him they should reinstate the place. And I think you have plenty of evidence to show that you have genuinely separated.

Sorry tiggytape I'm on my phone so autocorrect!