2 applications

[emma1988]

Help I have applied for my sons secondary school place as his dad and I agreed verbally back before it needed applying for, so on open day I sent in the application.
My son has a week at home and a week at his dads. However his dad moved house last week out of the area and only told me once he had moved he now says he doesn't agree with the school choices and now wants him to attend a school between our homes for equal travelling distance.
He has said he will just apply if I don't agree. Will it flag up on system when they are placing children that 2 applications have been made? Which application will they go by?
My son is registered at my house and I receive child benefit for him.

I would imagine it will go on your application as that is his registered address. Do either of you fall into the catchment for the schools he is suggesting?

Also most importantly what does your DS want?

I would call your local admissions and seek advice.

I would contact the LA to let them know. You application probably takes preference as you get Child Benefit - and his Dad would have to go to court to get that overturned.
A week with you and a week at his Dad's might not work longer term, how does your son feel about it? Especially with his Dad moving (although I have known one set of parents who have seemed to make it work).

Do you still agree with your original preference list or do you now agree with your ex?
Yes, I'm sure the system will flag that there are two kids with same name and DOB in the system. I would assume they would then contact you to check which they should use. It's difficult because you do have shared custody and technically you are supposed to choose the address where they spend more time, which doesn't apply here as he spends time equally at both. You need to check what your LA lists as the rules here. They may have a statement about child benefit parent in the event of 50% time at each parent, but they may not - it could just be a case of picking one. It should be clearly stated somewhere in their "starting secondary 2021" guide, or whatever they are calling it.

I would explain to your ex that they won't accept two applications for the same child. Then both of you discuss what you actually want to do now. Once you have reached a consensus, contact your LA (probably need to do this today as deadline tomorrow) about changing the order you submitted (if that is the outcome you both agree on). It may be possible, in some authorities to make changes after the 31st (especially this year due to covid) but equally it may not. Again, should be on LA website if there are any special rules about late changes, I would do this today to be safe.

That's so annoying! You probably realise this, but the chance of him getting a school half way is unlikely, as it is often based on distance. You could consider amending your application and putting a half way school first, with schools near you lower down, and you would probably be given a close on. Do you think he will actually apply and on time? Is he applying to the same LA as you?

You need to look at the information that the LA publish for admissions for their understanding of what happens where there is shared responsibility. If there are two applications for places it will normally be picked up and the LA will expect the parents to resolve.
If they cannot the usual understanding of what the LA will do is that they will use the address of the person's address where the child resides for the majority of the week. That is where they wake up from Monday to Friday.
Obviously in your situation that is equal time, so is not resolving the issue. The LA would also take into consideration any Court Order with a specific direction regarding the child's education but again that seems to not to be relevant to you.
Bottom line is that if you cannot come to an agreement with dad, then eventually the LA will make a decision. You need to be talking to the LA admission team to explain the issue and get further advice of them. In my LA, the LA would normally use the application from the parent that gets child benefit as a way forward but that is not always the case.

What are the distances involved here? How far away is he moving? Would now be a better time for DS to spend school holidays and weekends at dads and more time with you during the week?

The 1st choice on my application is the catchment for our house and feeder school from his primary school (6miles from dads old house, 21 miles from his new house) The school he is suggesting isn't either of our catchment areas.
My son has changed his mind that many time just in this last couple of weeks I have lost count. Wants feeder school 1 min then school near his dads then 1 in the middle and he has thrown another random school in too which is his current 1st choice. He has only been going a week at a time since march so far it's going ok.

Well he'd be unlikely to be offered the school in the middle - but you can check the last distance offered. You can either explain to your ex that putting that one down is a waste of a space on the form, or put it down knowing that he'll be allocated the one nearest you anyway, or ignore and hope ex doesn't put another application in before tomorrow. But ask what they would do just in case.