Moving into catchment after allocation
Moderators: Section Moderators, Forum Moderators
-
- Posts: 72
- Joined: Mon Jan 12, 2009 3:29 pm
Broadening out the discussion, I do sympathise absolutely with the need to stop cheats.
From a strictly legal point of view, however, I'm not sure that a LA can really insist that someone should sell their old house first - especially in the current economic climate.
The refusal or withdrawal of a school place - or even an accusation of fraud - on the basis that parents had decided to let rather than sell their previous property, whilst meeting all the other LA requirements, could lead to a legal challenge.
Last year there was a backlash against the use of Ripa - the Regulation of Investigatory Powers Act - by one Local Authority to mount a covert surveillance operation on a family who were (wrongly) suspected of living at an "address of convenience".
It's not easy to get the balance just right .....
From a strictly legal point of view, however, I'm not sure that a LA can really insist that someone should sell their old house first - especially in the current economic climate.
The refusal or withdrawal of a school place - or even an accusation of fraud - on the basis that parents had decided to let rather than sell their previous property, whilst meeting all the other LA requirements, could lead to a legal challenge.
Last year there was a backlash against the use of Ripa - the Regulation of Investigatory Powers Act - by one Local Authority to mount a covert surveillance operation on a family who were (wrongly) suspected of living at an "address of convenience".
It's not easy to get the balance just right .....
Etienne
-
- Posts: 9235
- Joined: Wed Jan 11, 2006 8:10 pm
- Location: Buckinghamshire
I heard that too Etienne, but also I did hear that more than one LA was on the receiving end of a backlash.Etienne wrote:Last year there was a backlash against the use of Ripa - the Regulation of Investigatory Powers Act - by one Local Authority to mount a covert surveillance operation on a family who were (wrongly) suspected of living at an "address of convenience".
I have to agree that it will be a real headache for any LA trying to prove that an application is fraudulent in the current house market.Etienne wrote:From a strictly legal point of view, however, I'm not sure that a LA can really insist that someone should sell their old house first - especially in the current economic climate.
I wonder if they might now pursue a different tactic, e.g. by expecting new arrivals to show evidence of their intention to stay in the area for a minimum period, say two or three years?
Exactly how one might prove that is very tricky indeed though. I know of cases where people have moved to a new area with every intention of staying there and obtained places for their children at their catchment Bucks GS. Then, through absolutely no fault of their own, they have had to move out of catchment again shortly afterwards. With redundancies rising so fast, that can only add to the complexity of the situation.
As you say, how to strike the balance? Pity the poor Admissions folk who have to sort the wheat from the chaff ...
Thanks eveyone for taking the time to reply. I would have no objection to being investigated as we would certainly live in the rented house in Buckingham. We would also be happy to stay in Buckingham for the 5/7 years of school and beyond, I think it seems a lovely place to live and this was our original intention. I am concerned however that we would have to sell our existing house rather than rent it out. It would be OK in a normal market but we had it on last year, well priced according to esate agents but very few viewings, only person interested couldnt get the mortgage. Anyway thanks again for all the advice and information.