Who gets final say in Admissions LEA or Academy?

[penguinsnpandas]

Moving to a new area. School have told us they have places for both children but LEA are saying we can't have them as they have a 6 week delay on processing applications. If we don't get these places unlikely to be others for DD. DS may get one if they process pre September. If they had processed our application on time and the other person on the list they would have been turned down as place wasn't available and we would have got. It's very frustrating - I presume LEA overrules Academy though but is that right? Likely to be allocated school 10 miles away. DS has special needs but no EHCP. I don't drive. LEA don't answer e-mails for 4 weeks and takes 10 minutes to get through on phone and then they can't see application and admission team aren't taking calls. Thanks.

Technically the academy has the final say - it is the admission authority, not the local council. However, in reality it depends on the situation. What years are your children in and which local authority is this? Feel free to PM me if you don't want to post that information publicly.

Agree with prh it's the academy.
Phone them and ask them to give the authority a nudge.

Thanks very much, that's encouraging. Had assumed we would lose but maybe not then.

The school are being brilliant but LEA has not released our details to them even though our first application for out of area end of May so officially we don't exist. Luckily I had been in contact with the school and so they knew that us being not on the list was wrong and they phoned me. They are in touch with the LEA but LEA are saying no and so its being escalated to management. Our old LEA are also trying which is very kind of them, they were so much better but also being told no-one can take a call, no-one can answer an e-mail. There's clearly a serious problem at the LEA - sometimes the phone lines just say we are closed because of delays / computer failure but you can't get in touch at all then as its 4 weeks before they reply to e-mails. We applied for a school with places in June as our third choice for a July start but that didn't go through either due to delays.

The LEA are arguing as they are taking 7 weeks to process other applications they need to take 7 weeks to process ours. I have pointed out to them that this will result in places being allocated in a different order to if they had processed them on time. The school do not think this is a sensible reason to decline our places as we have exchanged and complete tomorrow.

I'm with the school. 7 weeks delay is not reasonable. If you missed out on a place due to the LA deliberately manipulating things like this I would expect you to win any appeal. However, as the school is onside you shouldn't have any problems.

Thanks very much - I would think we stand a very good chance at appeal with the delays affecting allocation, the school they are likely to allocate instead being so far away, special needs etc though trouble is it says they have 45 working school days to hear that so that will be end of year to resolve like that.

I think they have sent through to the school now anyone who applied between 1 June and 28 June for y8 but they are saying y7 is not sent over and to be sent at an unknown date. There's obviously a possibility someone else is in the same boat in that batch but as far as the school are aware there isn't. The Head of the school has said the places should go to us unless the LEA can give a sensible reason why not and their delays are not a sensible reason. Hopefully will resolve soon but its a bit of a fiasco. Thanks very much. I looked at complaints but said they take 10 working days to answer them.

This local authority appears to co-ordinate in-year admissions, so you apply to them rather than to schools. That gives them more of a say but the academy is still its own admission authority. The really odd thing is that the local authority say they aim to process in-year applications within 10 school days and the timetable they have published on their website suggests they normally manage quicker than that. They are a little behind at the moment but their website suggests that the worst case is 3 weeks. The only people seeing really long delays are people who haven't moved house but want to change school. The local authority says it won't process their applications until September which is, in my view, unjustifiable. However, that doesn't affect you.

I remain of the view that 7 weeks would be unacceptable and that, if you miss out on a place, you would have a good case for appeal. But, as the academy is aware of the situation, you shouldn't have a problem.

Just to clarify, if someone who has already applied but hasn't been processed gets in ahead of you that is not a problem. However, if someone who applies after you gets in ahead of you that is a problem. If there is a place available and no waiting list it should be first come, first served.

Thanks very much - they told us before from old address DD was number 2 and son at 18 but new house would put us at 1 for both. School think we should be a 1 for both though obviously without all the data its hard to be certain. Don't think they are running to timetable on site as ansaphone today said moving house applications for 1 to 28 June are being allocated today but y7 applications for 1 to 28 June they don't know when they will be allocated and not moving house will be allocated second week of September. They told the school they will not process our application until second week of September but I am hoping that's wrong. They told me they say on website we should be told on 20 July but they said there is no way that will happen but it will be before September. Just have to see what happens but at least school are helping us. Thanks very much.

Just heard unofficially we've been given places for both children at our first choice school, got escalated to Head of Education at CC who went in our favour.

School places confirmed today by LEA. Kids went round earlier this week.