School application from overseas (long, sorry!)

[itsveryyou]

We’ve had problems with applying for a high school place for DS as we’re currently living overseas but will be back in our house before Year 7 starts in September. Before we moved in 2012, I contacted the C of E academy which we wanted to apply to, and they said in writing that we could apply from overseas, provided we could ‘prove’ property ownership, contract end dates, continuing church attendance etc – which we did.

We applied last September and were suddenly told by the school that the application wouldn’t be considered as we weren’t currently living in the catchment area – we were incredibly upset about this change of heart, and have been offered no explanation as to why their stance has changed. The LA says the school does have the ability to exercise discretion and ‘allow’ applications from overseas, but it seems they’re not willing to.

This particular school is oversubscribed and so if we wanted to try to get a place, we would have to wait and appeal when we got back to the UK, three weeks before school term starts (can’t come back any earlier due to work contract) – which is not enough time for an appeal to be launched and a decision made. We don’t want DS to be in a different school for a few weeks of Year 7, then have to transfer if the appeal is successful, nor do we want the stress of an appeal – but his ‘best’ friends will be going to the CofE academy, and it’s an excellent school in terms of results and pastoral care – so should we try, for his sake?

We’re inclined to go with our second choice school, which is non-faith and not oversubscribed, but still strong in terms of results/activities/pastoral, but it’s not the school most of DS’s friends will be going to. Do we owe it to him to appeal for a place at the CofE academy and hope he gets in, or do we go for the second choice, which it’s most likely he will get a place at and be able to start with everyone else in Sept?

foodfairy it's a grey area I think. Our youngest DC will hopefully be returning to his old school and we've been speaking directly to the school to facilitate this...fingers crossed that place works out. Eldest DC is going into Year7 at high school so a totally different system. When we asked them back in 2012, the LA and school invited us to apply using our home address, but then back-tracked and said we couldn't apply. We have date of return, about to sign a contract of employment and will be booking flights in next few weeks, but still none of this seems to count. Now the LA is advising us to appeal, even though we haven't been assigned a school, but we think the school will refuse to recognize the appeal - so very confusing! I would speak to your LA and the schools you wish to apply to, and go from there. Good Luck!

prh47bridge I meant to add before, whilst we would be very happy to attend an appeal panel, we're a 12 hour flight away so popping back on the UK at short notice just isn't an option either cost or time wise, unless DH can wangle a work trip at the same time.

The LEA I am applying to told me the same Food. We can't do anything until we are back and in our house again.

You can't apply for a place based on where you are going to be in the future. Which makes sense to me. Although it is very frustrating and just gives me something else to worry about.

In our LA you can't apply until you are on the spot - we also have our home in the UK but no-one is interested unless we actually live there :)

We had actually applied for a primary school place for our youngest before leaving the UK (move abroad wasn't confirmed at the time of application) and the application was not even acknowledged. The LA checked council tax records and saw we were not living at the address so just decided that the application was not valid - without even contacting me!!! I was really concerned as at that stage we may have needed that place due to possibly returning during the school year, however we didn't so it all worked out but I was prepared to appeal. Probably wouldn't have got anywhere as the primary school was extremely oversubscribed...

BTW I think you will find itsveryyou that it isn't actually the primary school who make the decision about the place for your younger child, the LA manage all in year admissions generally. So I would definitely email the LA admissions as for all you/the school know, they could allocate that place to someone else at any time between now and your arrival (unless they have lots of spaces).

I didn't think that (unless you were Armed Forces etc) you could apply from a future address at all, and that that was the same whether it was a move in Britain or from overseas. Even when a future address was known. That if has to be where the child is living at applications deadline. That you have to be in UK.

Have latest changes to Admissions Code changed this?

I think that is still the case Fara. We are doing this right now and I've stopped worrying about it till we get there.

No the Admissions Code has not changed. Those on Crown Service have the right to apply from a future address. For everyone else it is up to the LA to make the rules. Most will insist that you move back to the UK before they will accept an application but a few will accept earlier applications. Those that do won't necessarily allow you to apply from your future address but will accept your application before you live in the UK.

It is a muddle. People here in Australia and friends in America get really confused when trying to explain situation in England to them. In both countries every house has a catchment school and that's the one you go to. They seem to have bigger schools which perhaps helps absorb extra children arriving.

What is odd is a bit in the uk school admissions code which says you musnt act prejudicially against kids applying from overseas which suggests it's technically possible??? Good luck op!

The current Admissions Code says no such thing. Apart from the provisions relating to those on Crown Service all it says is that applicants from overseas must be dealt with in accordance with EU law or Home Office rules for non-EEA nationals and refers to DfE guidance. The DfE guidance simply states that children must not be refused places because of doubts over their immigration status and specifies which children are not entitled to a state-funded education.

Think I misread that para, but it is confusing and muddled me further by council application asking on the form the date for when you are moving. Why would they need this if you have to be in situ to apply? People move all the time, there must be a better way to organise admissions to schools.

Thanks foodfairy! I agree that there has to be a better way to facilitate relocating families as it's so common these days. I was told by the retention bloke at the LA that there was a higher risk of us not taking up a place, compared to any family currently living in the catchment area. I disagree with this entirely, as so many people will take up a school place then move out of the area, for work or by choice. I get that there are rules in place, but I think the rules need changing to accommodate genuine cases of need. In our case, we were actually told to apply using our home UK address and then told we couldn't, once we'd applied. Eminently frustrating!

You may disagree with it but I'm afraid it is true.

Most LAs will accept applications from people moving into the area once they have exchanged contracts or can show evidence of a confirmed tenancy. Experience shows that accepting applications earlier in the process results in a significant number of applications relating to moves that subsequently fall through. In some cases parents even make speculative applications before they have made an offer on the house concerned. Whilst you are correct that some people living in the area won't take up their places, the LA is correct that accepting applications earlier in the process results in a higher risk of people moving into the area not taking up the place compared to people already living there.

Turning to your specific case, you have (or had) good grounds for appeal. If the original guidance was in writing (email, for example) you would have had clear evidence of the council saying one thing then doing another. That would be ample grounds to argue that the admission arrangements had not been administered correctly.

I do see why the rules are in place prh47bridge (though I appreciate I keep whining about being hard done to!) and the way you explain it is really clear, which I appreciate, as it helps to focus on what I can and can't do in our particular set of circumstances.

I have a lot of emails from both the LA and the school which say we could apply, and we are currently considering whether to appeal.

Thanks again for taking the time to assist.