Hoping someone can advise on procedure where we didn't get our first choice secondary due to (I think) school's mistake. At risk of outing myself completely with this, but anyway here goes:
Applied for secondary schools for DS and our first choice was a faith school. Its over subscription criteria are as follows:
- Looked after children of the faith
- Children baptised in the faith currently attending named faith feeder primaries
- Other looked after children
- Siblings
- Children baptised in the faith living within the area of responsibility.
Followed by various other criteria not relevant to our situation.
DS is baptised in the faith and lives in the school's area of responsibility.
He did attend one of the named feeder schools for two years but we had to withdraw him when his younger sibling did not get a place (long story). Hence he falls within category 5.
The admissions policy then lists a number of tie-breakers in the event of oversubscription in any of the categories. Some of the tie-breakers specify that they apply to certain categories only, but tie-breaker 3 simply states that the length of time an applicant has spent in a faith feeder school will be taken into account and priority will be given to those who have spent the longest time at such schools. Tie-breaker 5 then states that in the event that none of the above tie-breakers resolve the situation, places will be allocated according to distance from the school.
DS did not get a place. However, the school's allocation statement says that a number of children from category 5 (DS's category) were allocated places based on distance from the school, so the closest children were allocated places. Therefore it does not appear that tie-breaker 3 was applied to this category before moving onto tie-breaker 5.
Obviously our case is that tie-breaker 3 should have been applied first, in which case DS would have been given a place, before the school started allocating places based on distance alone.
Can anyone knowledgeable tell me if they think I've got it right? Also, my understanding is that, if I am right and the school have made a mistake in not allocating DS a place, they have to admit him. So what happens now? How should I approach things with the school? Will I need to follow the normal appeal procedure and wait until the hearings in June or will the school have to resolve its mistake and offer a place now?
DS is gutted 
but I haven't told him I believe there has been a mistake in case I'm wrong. Tbh I'm so annoyed with the school I'm tempted to go with our allocated place (which is a really good school) but I know DS desperately wants this one.
Would be grateful for any advice, thank you 