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Secondary education

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Original poster

Secondary place withdrawn today please help

449 replies

Middleoftheroad · 13/06/2017 15:50

I am still shaking

I have equal ability twins. One got into grammar one did not. We moved closer to be near the grammar and to secure my other twin a place at the local school, which we did at the start of March.

We have been through much heartache as this is a new area and a new school and my boys have been sad. I worked with the LA to secure the place after we moved. because we moved around offers day we were originally offered a failing school in our old LA which we declined once we had the new offer at the local school.

We did also appeal the grammar place for the comp bound twin - we proved his academic ability and the HT (presenting officer) said we gave a very persuasive case, but we were unsuccessful as they never allocate places on appeal. The boys wanted to be together but we were safe in the knowledge that whatever happened we had a comprehensive school place.

The twin who is going to comp has previously been under CAHMs for anxiety. He started to display these signs again so we took him to the doctor and have been working really hard to gee him up.

Tomorrow was meant to be a special transition day at the new school (he watched his twin go off to the grammar one yesterday) and we were looking forward to it.

out of the blue the HT of the comp calls me today to tell me that the LA has made a mistake in allocating its places and have withdrawn the place. The school wanted to let me know before the LA letter arrives so we don't go to the event tomorrow.

I have emailed my contact at the LA (ironically she is in appeals) the last place offered was 1.02 miles we are 1.04. I suspect they are currently allocating appeals places which we have missed the right to appeal. she says she is looking into it but as of right now we have no school place and I have a son on his way home who will be broken if we tell him.

We've had such an ordeal to get here. Aside from being morally bankrupt, is there a legal leg to stand on here? Apparently the LA messed up on quite a few offers made.

I just don't know what to do. I took the call at work and had to leave early. we have bought the uniform and built up to tomorrow. I am in total disbelief and feel sickened that my son is being messed around this way.

I have emailed the school again to ask that they intervene. Please help Tiggytape anybody?

OP posts:
Original poster
Middleoftheroad · 13/06/2017 18:57

Thanks - they are the lead school of a multi-academy trust. I did send my email to the chair but the HT said he thinks his hands will be tied.

Ironically I work in publicity (for schools) and will keep t his up my sleeve - I have some good local education contacts but would not want to put us in the spotlight. It may also impact negatively on my job if I did this sadly.

OP posts:
tiggytape · 13/06/2017 19:00

This reply has been deleted

Message withdrawn at poster's request.

thegirlupnorth · 13/06/2017 19:05

I can't believe you are considering separating them and that the one with the anxiety is going to comp without his brother. What is the reason given by the grammar school for not allocating both your children a place?

SafeToCross · 13/06/2017 19:10

(Can you tell your son the special transition day is cancelled due to staff shortages/illness in the short term)

prh47bridge · 13/06/2017 19:29

If it is an academy the process is that the school puts the applicants in order based on the admission criteria and the LA then determines who gets an offer and sends out the offers.

I really hope the conversations are between the head and the clerk to the appeal panel. There is no way the head should be taking advice from the actual members of the appeal panel.

poisonedbypen · 13/06/2017 19:32

the girlupnorth grammars can't admit siblings just like that, unless they have qualified in the usual way!

loveyouradvice · 13/06/2017 19:33

Sending even more Flowers Flowers Flowers.....

Totally agree with all posters who say keep on their case DAILY... you will get there by being persistent, utterly reasonable and making it your Number One priority every day... however frustrating that is...

thegirlupnorth lets not make ops life even more difficult by throwing her curveballs - grammar schools don't usually have a siblings policy, just a how well you did on the day one... let's focus on what's important to her and the situation she is in now....

So deeply sorry op that you are going through this.... sending you strength and strong winds to power your sails....

Original poster
Middleoftheroad · 13/06/2017 19:36

Thankyou

The grammar school places were allocated on scores only it is super selective and siblings bear no relevance on scores.

I have told my son the day is cancelled and so far no major questions.

'I have had another email from the HT who is suggesting: that he outline the situation to the appeals panel tomorrow and request that they make an exception to allow me to submit an appeal this week to be heard at the end of the appeals next week. In that scenario, the exception is purely in the appeals process and would not hold the same ramifications of just offering a place on the basis of a mistake made by the authority. The panel could then hear your appeal, including what has happened and give your case consideration. Should you then be offered a place that would be their decision as they are independent to the school.

I honestly don't know if they will consider that proposal, but I will suggest it.

In terms of a legal challenge from yourself, I would encourage that as it would mean that even if your son is offered a place, it will be something we may be "forced" to do, in spite of our insistence that we follow the instruction of the admissions criteria. I assure you, this is not because we don't want to offer a place, it is simply my insistence that we follow due process.'

OP posts:
loveyouradvice · 13/06/2017 19:37

Agree with Safetocross re a small white lie to protect your DS... perhaps one that is closer to the truth such as saying there's been a mixup on names for tomorrow and he's not on the list .. and that you'll make sure he meets some kids from his year before he starts... I'm sure however new you are to the area, you can find some...

And then do your damnedest to get his place sorted before he knows there is a problem.... poor lad doesn't need any additional stresses

prh47bridge · 13/06/2017 19:40

A legal challenge could be expensive. You want to avoid that if possible.

The email from the head worries me. It shows a complete lack of understanding as to how appeals and appeal panels are supposed to work. And I really don't know what ramifications he thinks there are in offering a place on the basis of a mistake made by the authority. There aren't any.

BewareOfDragons · 13/06/2017 19:42

Shocking.

I would tell them you are taking legal advice as they are violating their own rules about communication amongst themselves; they have made the mistake, not you; they cannot take your place away and give it to someone else under these circumstances.

Catminion · 13/06/2017 19:43

Would it be worth an email to the Schools Adjudicator now, because withdrawing offered and accepted places cannot in any circumstances comply with the School's own admissions policy?

YoureAllABunchOfBastards · 13/06/2017 19:44

This is appalling - how can some HTs not understand the bloody rules?

prh47bridge · 13/06/2017 19:49

Would it be worth an email to the Schools Adjudicator now

No. The Adjudicator would not get involved. Their job is to make sure that the admission arrangements comply with the Admissions Code and relevant law, not to police enforcement. And the EFA won't get involved until there has been an unsuccessful appeal.

samlovesdilys · 13/06/2017 19:51

I am no expert but I would be cautious of accepting the offer of a 'late' appeal as that could be seen as accepting the withdrawn place and appealing for another. You DONT accept the withdrawal of the place. Keep pushing that. You dont want to go into an appeal you are v unlikely to win.
They have made a mistake and they will have to juggle their pax/pay fine/recruit staff to deal w that. Changing their mind isn't an option.

prh47bridge · 13/06/2017 20:01

The appeal should be on the basis that the place has been withdrawn incorrectly. Appealing on that basis cannot in any way be seen as accepting the withdrawal of the place.

Original poster
Middleoftheroad · 13/06/2017 20:02

Samlovesdilys - I had not considered that. you are completely right, we cannot accept a no.

But I don't know what to do? Wait for the LA to get back to me and then the LGO? I'm scared it will take a long time to sort. I feel completely helpless here.

OP posts:
prh47bridge · 13/06/2017 20:05

how can some HTs not understand the bloody rules

I am less worried by that than I am by the comments attributed to the appeal panel. If those are genuine they don't understand the rules either, which is extremely worrying.

doubleshotespresso · 13/06/2017 20:10

OP you have had some very sound suggestions here. This is truly shocking, but I agree with pp's , avoid legal challenges, you could end up worse off.

The "insistence on following procedure" leaves you high and dry and is utterly unacceptable.

Original poster
Middleoftheroad · 13/06/2017 20:14

I have also re-read the criteria and we are actually 3 metres off the final place offered apparently - that's two of me.

HT just emailed to say if he is legally instructed to admit my son he will but he wants to be fair and transparent.

I replied to say that this does not feel fair and transparent to us and that we cannot accept the withdrawal of a place that we accepted more than three months ago.

Yesterday at my other son's induction we had to sit with the incoming HT who had shadowed the HT during the first part of the group appeal hearing, but not the second stage. He said 'do I know you from somewhere?' awkward! I am spent on appeals. I nearly killed myself preparing the last, letters. HT testimonials scores, health professionals etc. I took weeks to prepare. Can't face that. I would, but wonder why the hell I should?

I am also concerned that if the LGO does investigate my current case it could take months.

OP posts:
prh47bridge · 13/06/2017 20:18

As it is an academy it will be the EFA rather than the LGO. Both the EFA and the LGO deal with admissions cases pretty quickly. Unfortunately, on current performance I wouldn't trust either of them to get it right. Ideally you want to get this overturned prior to appeal. Failing that you need a successful appeal.

Original poster
Middleoftheroad · 13/06/2017 20:38

Thanks - but this is not the way we would have gone to appeal.

We would have been calm, rigorous and prepared (like our previous GS appeal) armed with a wealth of evidence and supporting material. I feel that we have already been deemed trouble makers and prejudiced in this latest appeal.

They've also heard lots of appeals which weakens our case and now if the HT is consulting the panel this feels grossly unfair.

If I did not risk losing my job I would go to town on this bungle.

OP posts:
prh47bridge · 13/06/2017 20:59

If the HT is consulting the panel it clearly is unfair. Keep all the evidence you have that shows that he/she is doing so. It will be useful if you lose the appeal.

The good news is that you don't need a huge amount of evidence or supporting material for this one. They offered you a place and have withdrawn it 3 months later which is far too late. Happy to help you put the case together for this one if you PM me.

admission · 13/06/2017 21:27

I am going to say be very careful about accepting the appeal. From what you have said I am not at all sure that the school have formally written to you and withdrawn the place, it all seems to be on the telephone.
I would email the head teacher and say to him that you require the place to be reinstated or if you are not prepared to do that then you must insist that the school confirm in writing the removal of the place and the reasons why this happening.
Only when they have formally withdrawn the place can you ask for an appeal. As it stands at present you are being pushed into an appeal, where the panel chair has already discussed your case with the head teacher. That is totally wrong and I would have real concerns that your case has already been decided. If you go to appeal and loose, then your avenues for getting the place back revolve around the EFA and that will take time. I would also be considering asking for another completely different panel to hear your case as the current lot seem woefully poor on admission appeal legislation.
The other question I would have is who the Headteacher is now consulting to get a legal answer, so that he can be seen to be fair and transparent. I hope that it is somebody legally who understands education law. Again him getting a legal opinion suggests that agreeing at this moment to an appeal is a bad idea. Again let somebody tell the head teacher and let him confirm in writing.
As others have said, having a paper trail is really important, so getting the head teacher to confirm in writing is paramount, as this is what panels need.

Original poster
Middleoftheroad · 13/06/2017 21:37

Thankyou. I am really touched by the sound advice and offers of support should I need them. Hope I can help somebody in the future.

I am scared that if I formally request the decision it is final - in writing. The LA's letter may well surface tomorrow so not sure if this will suffice?

OP posts: