Appeal against withdrawal of the GS place in Bucks

[DDmum]

We have recently moved into the county and my daughter sat late transfer test. She past and got offered a place in GS in third allocation end of June. We have accepted the place and sent all the relevant info including booking the school locker! More than two weeks later ( Mid July) we got an email from the Bucks CC that her place was withdrawn due to admission authority error which resulted in TD incorrectly being offered the place. They advised us to appeal. She is first on the waiting list.
We are preparing for a late appeal but would like to check if the CC had a right to withdraw the school place after more then two weeks? Also, what are the main points that we should focus on in our appeal?

[hermanmunster]

Hi DDmum

I am sorry to hear what has happened - I am not sure what the actual rules re an application being withdrawn are but they are a couple of cases described here http://www.elevenplusexams.co.uk/appeal ... school#c16" onclick="window.open(this.href);return false; might be worth looking the cases up if you can. It may be that one of the other mods has some more info on them

[Etienne]

Welcome to the forum!

We are preparing for a late appeal but would like to check if the CC had a right to withdraw the school place after more then two weeks?

It's a bit of a grey area.

An appeal panel is required to decide whether the admission arrangements were lawful and correctly applied, so ask them politely to consider this matter. Mention briefly Ombudsman complaint 99/C/1876.

The problem is - different panels will probably come up with different answers! However, even if the decision were not to be in your favour, there may be a lot of sympathy for you which could help at the 'balancing stage' (whether your reasons for wanting a place outweigh any prejudice to the school).

Also, what are the main points that we should focus on in our appeal?

See Section C as a whole, and in particular:
http://www.elevenplusexams.co.uk/appeal ... -school#c2" onclick="window.open(this.href);return false;

[DDmum]

Many thanks Etienne

[Etienne]

We had a case similar to this several years ago:
http://www.elevenplusexams.co.uk/forum/ ... t=withdraw" onclick="window.open(this.href);return false;
I'm pleased to say it succeeded at appeal (but don't know at what stage).
Depends on the panel, of course.

There should be two parts to your case:

Part 1. Either in your written submission, or at the hearing, or both, do use the phrase "legitimate expectation of a place".
For example:

• • The panel may be aware of the precedent of Ombudsman complaint 99/C/1876 where five places were offered, only to be withdrawn after three days.
    The Ombudsman decided the delay of three days was too long, and amounted to maladministration. The offer of the five places was reinstated.
    
    Although academies nowadays come under the jurisdiction of the EFA, the above case is still of interest because it reflects an understanding of the legal position. If a place is offered in error, the length of time that passes before the place is withdrawn is significant in deciding whether the admission arrangements have been correctly applied.
    
    I respectfully submit that in our case we had a legitimate expectation of a place after more than two weeks, that there has therefore been maladministration on the part of the school in refusing to honour the offer made by the LA, and that we have been unlawfully deprived of a place. The school is ultimately responsible because it is the admission authority.
    
    (Incidentally, as the grammar school in question is presumably an academy, the final decision to withdraw the place would have been theirs, as they are the admission authority. Your argument is therefore with the school rather than with the LA.)

Part 2. Reasons for wanting a place at this particular school.

[DDmum]

Thank you for referring me to the similar case with BCC. That was encouraging.

Reasons for wanting this school are:

My daughter is the first on the waiting list and she has a sibling that has already been offered a place in Y10 ( I hope this one won't be withdrawn)

Also the the school offered is 15 miles away as oppose to 5 mile for the one we are appealing for.

The timing of the withdrawal was 15th July, two days before the school broke for summer holidays. We feel that my daughters place was taken away practically 2 days before she started school. Not really fair.

We recently moved into the county and its a lot for 11 year old to cope with. We are still preparing to break the news to her.

Thanks again

[Etienne]

Thank you for referring me to the similar case with BCC. That was encouraging.

Not sure if you'll get a response on the other thread. The original poster hasn't logged on since Sun Sep 02, 2012, so may not be around to see your post.

My daughter is the first on the waiting list and she has a sibling that has already been offered a place in Y10 ( I hope this one won't be withdrawn)

Unfortunately you can't use the first part of this, as appeal panels are not allowed to take account of where someone is on the waiting list.
However, you should certainly stress the sibling link.