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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Secondary place withdrawn today please help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the blue the HT of the comp calls me today to tell me that the LA has made a mistake in allocating its places and have withdrawn the place.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:
Oblomov17 · 19/06/2017 10:56

How are you doing OP?
Prh47bridge is brilliant.

I also echo Zoflora. I had a totally different issue with ds's school , re ASD and Munchausen's. I took my complaint all the way, and finally to the Secretary of State. Even though the conclusion was, among other things, that I had been "victimised by the School", I got NOWHERE. It was pointless. I will probably never get over it.

Take real care Op, of yourself OP, because these kind of things are very draining. Flowers

pizzatray · 19/06/2017 12:05

This is dreadful, hope you get it sorted quickly Flowers

Original poster
Middleoftheroad · 19/06/2017 23:27

Gosh Oblomov that's dreadful. I don't think I'll.recover. I've had to take time off work as I broke down today. Worse still it seems we would jave got a place anyway if they had added us to waiting list yet people who got places further away off w list are not having to plead for a place that was withdrawn after 4 months that would have been gained anyway!

I'm now usimg holiday to attend hearing and pull info together quickly.
Angry

OP posts:
Original poster
Middleoftheroad · 19/06/2017 23:34

prh47bridge has no doubt helped to change many lives and to right a few wrongs.

People are being very kind - restoring my faith in a week when I am feeling very jaded.

My appeal is on Thursday and I just hope the results come in fast. My son's education lies inn limbo.

OP posts:
notapizzaeater · 19/06/2017 23:41

Sorry about this - has the mp been any use ?

eternalopt · 20/06/2017 00:04

Don't know if it's any use, but judicial review is one of the areas where legal aid funding is still available if you qualify. (Limits set out here www.gov.uk/guidance/civil-legal-aid-means-testing). If the solicitor who gave you the £20k estimate wasn't a legal aid firm, they may not have mentioned this? There are only a couple of legal aid firms that are experienced in claimant judicial review work. If you think you might qualify and you need names, let me know.

Iittlemisstax · 20/06/2017 13:46

I'm not an expert, but if people lower down the admissions criteria than your DS have got in from the waiting list then this is something to bring up at appeal - your DS is effectively being disadvantaged twice as if he had not been offered a place he'd have been on the waiting list and therefore got one when it came up. The school can't have it both ways.

titchy · 20/06/2017 14:27

He's potentially been disadvantaged three times - once by thinking he;s going to this school for three months, second because he wasn't on the waiting list so no wait list offers were made to him, and third because his appeal is being held after all other appeals and though the panel should uphold the appeal if there have already been a lot of successful appellants the school may genuinely not be physically able to accept him.

Original poster
Middleoftheroad · 20/06/2017 17:50

The MP's only use has been to badger the Council CEO on its internal investigation

Everything's gone upside down again today with LA with yet more of tgeir chaos and confusion. Iwill explain more when I get strength. Appeal still on for Thus.....

OP posts:
smellylittleorange · 20/06/2017 20:23

Flowers for you I'm so sorry ..keep strong

TestTubeTeen · 20/06/2017 23:39

"Worse still it seems we would jave got a place anyway if they had added us to waiting list"

This SURELY means they have to give you a place! They have massively disadvantaged you and given places to people who would have been further down the waiting list!

What a tale of shambles.

Hang in in there OP!

Miniminimus · 21/06/2017 06:16

I agree that your DC has been triply disadvantaged by the late withdrawal of the place / not being on the waiting list earlier/lateness of appeal meaning this school and others are likely to be even fuller etc. So that should be a key part of your presentation. But I think the deciding factor in an appeal is that the detriment to the child in not being admitted is greater than that to the school (existing pupils) in admitting them. So as well as the process being unfair so far, you might also do well to have a section where you bring it back to your child and the situation now and for Sept.

Is he still without a school place? That is quite a strong factor. I once lost an appeal for DCS2 (despite SEN and a sibling already in the school) on the basis that the alternative place he had been offered was 'also a good school' therefore detriment to DS2 if the appeal school did not admit him was considered to be low and would not outweigh detriment to existing pupils of the school in having a bigger class.

So if he hasn't a place at all, that should be a strong factor. If he has been offered an alternative by now, then cite the reasons why he would suffer detriment in going there...worse results, lack of sports or music or whatever his talents are that the appeal school would be better for.

But not all panels are the same and from my experience, they vary in what they focus in on. The one above felt quite logical, but after a different appeal (DS1), I was told by the head (just sitting in I think...the speaker for the school was a solicitor instead), that he thought I had built a really strong case on the facts and processes but that he had been concerned (listening in), about whether I was going to focus on the emotional side and the impact on my child as that is what the panel would respond to . So to cover all bases, outlining the errors and disadvantage so far....but also, the current and future detriment and the emotional or human aspect as well might help.

I'm sure you know all this....good luck....whatever the outcome you will have done your very best for him.

groclockshmoclock · 21/06/2017 06:42

Oh my goodness OP, crossing my fingers and everything for you!

CauliflowerSqueeze · 21/06/2017 06:58

I'm absolutely certain that there was a test case on this and it was found that if the place was given that day then it could be withdrawn but more than a day and the family had a "reasonable expectation" that the child would attend that school and so it was overturned.

I can't remember where this happened though. It's absolutely appalling what happened. Really shambolic.

Oblomov17 · 21/06/2017 07:29

Who are you taking with you OP? My friend is a Barrister and a local Head Governor. She was brilliant!!

Get your speech ready. Make it very succinct. Short, sharpe and to the point:

"I have 4 points: my son has been severely disadvantaged in 3 ways, 1,2 and 3. And finally point 4 the emotional ....

Or whatever your specific points are.

Get in lots of words like maladministration, legal terms, court case where it's 'fair' to rescind in 3 days, but this had been 5 weeks, and still no alternative place, no current place.....

Make it all clear for you to read, underlined bits, on one sheet of paper, with all backing documents in folders, or neatly organised, so that they know you mean business.

HTH

Best of luck for tomorrow. Flowers

MaverickSnoopy · 21/06/2017 07:44

I read your thread the other day and have just come back to it. It's unbelievable how your son is being treated and I hope you get justice for him. In the midst of getting my LO ready for school I have skimmed the rest of this thread as I can see you're tight on time, so apologies if I'm duplicating anything. Have you submitted a subject access request to the school and LA? Not sure if it's a bit too late in the day for that with the appeal being tomorrow but thought it was worth mentioning as it may get you some details they could be keeping from you.

Had your son gone to the induction would he have had to have worn uniform? If he had then to further add to your case of the word "reasonable", the school would have expected you to have purchased uniform for this, which further highlights how late in the day it was when they told you.

Good luck. I have everything crossed for you in what sounds like a horribly stressful time. Try and remember that nothing lasts forever and one day this will be behind you (hopefully with the right outcome).

Original poster
Middleoftheroad · 21/06/2017 09:12

Your support is keeping me going.

It was spirtswear only for induction but there is another on July 4.

My uncle died over the weekend and I am such a hopeless daughter that I have been unable to give my mother the full support she needa. I have been trying to hide my stress too but she can tell and is now worried about me and DS.

OP posts:
tiggytape · 21/06/2017 09:31

This reply has been deleted

Message withdrawn at poster's request.

FoxSticks · 21/06/2017 09:32

This is absolutely shocking, I cannot believe that you have been treated like this. Your poor son. I hope you are given a fair hearing tomorrow.

Original poster
Middleoftheroad · 21/06/2017 09:52

Thankyou all.

The LA has just offered me a place at a school in a different LA six miles in the opposite direction of his twin's school and in a different LA to his twin.

It was a SM school on my original CAF from my old LA (ranked lower than the school we have just 'lost') a last choice banker (but the school nobody wants which is why they still have places now). The other nearby schools (and there is another outstanding and good in addition to the place we lost) are obviously oversubscribed now. We didn't even have the chance to go on their w/l from March 1 due to this mess.

I'm wondering if it's any coincidence that we were told by email yesterday and the official letter will arrive today. I wonder if the LA is trying to weaken my appeal case or I am being paranoid?

So many games and messing around daily. I really don't know where we are one day from the next. The school says one thing and the LA another. It's confusing and un-nerving with one day to the appeal and no time to research or prepare anything and my other son is home sick today! Roll on tomorrow.

OP posts:
Original poster
Middleoftheroad · 21/06/2017 09:56

I never thought I would actually want to go to an appeal hearing just to rip that plaster off quickly.

Having done one I know how nervous I was. My voice went squeaky and my mouth dry. This one the stakes are so much higher and it is on the back of a week of sleep deprivation and emotional turmoil. But I will remain upbeat and humble for the sake of my son. I have to keep a positive focus if I am to give him the best chance here. Knowing that I owe him that much.

I was quite business like in our previous appeal - three weeks ago - but I am not sure that I won't blub in this one when reading our case.

OP posts:
ohforfoxsake · 21/06/2017 10:01

Good luck OP.

tiggytape · 21/06/2017 10:04

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Middleoftheroad · 21/06/2017 10:26

Tiggytape, thankyou. Those points are so helpful. This is not a 'standard' appeal, I think I have to keep going back to those main points about the late withdrawal damaging all chances of obtaining a school place at the correct time and through the correct process.

I wonder how long they will keep us waiting for a result? It was five days at my last appeal, yet felt like 10. I just hope they let us know sooner rather than later whatever the outcome.

OP posts:
Sonnet · 21/06/2017 10:30

I just wanted to add my support even though I can be of no practical help.

I cannot believe this chapter of mistakes. Your poor DS

Wishing you strength for Thursday Flowers

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