Bucks CC - Withdraw of offer made in error - Advice

[mystery]

Ah it's annoying isn't it. This is to help you prepare for your appeal so I'm playing devil's advocate. Someone on the could be asking you this:

- had you appealed for the first choice anyhow as your family want it so much?

- if no to above, why not?

- which organisation did your offer for the second choice grammar come from?

- which organisation did your offer for the first choice grammar come from?

- if they were from different organisations did that give you any doubts at the time that there might have been an error?

But let's hope they have only 29 children and the panel consider that the error should have been spotted sooner. For that they will need to understand whatever the process is behind the scenes for out of county offers being made from the waiting list. It sounds as though between the two councils they may have a process which can trigger an offer when there is no place if the wrong e-mail is sent from Bucks to Milton Keynes (i.e. e-mail should not have been sent at all, or it said the wrong thing) and it is only when the school is sent the acceptance from an extra pupil that this alerts them to an error.

Your appeal will hopefully make them realise they have a poor system even if they are unable to give you the place you would really like.

[mystery]

Etienne, that's a tough clause in the new Admissions Code about errors in offers. Imagine if job offers could be withdrawn up to the day before you started your new job.

Cold comfort as it is, there is no loss as the second choice offer still stands - always assuming that wasn't made in error too!!

What would have happened if the appellant had withdrawn from the second school as promptly as she accepted the second offer at the first choice school?

[Faithful]

Etienne, that's a tough clause in the new Admissions Code about errors in offers. Imagine if job offers could be withdrawn up to the day before you started your new job.

Cold comfort as it is, there is no loss as the second choice offer still stands - always assuming that wasn't made in error too!!

What would have happened if the appellant had withdrawn from the second school as promptly as she accepted the second offer at the first choice school?

Where is the like button here? Likkkkkkkkkkkeeeeeeeeee!

[ourmaminhavana]

I really feel for the OP and her DC it's a terrible mistake to have been made, but I'd also feel for the person who is top of the waiting list, presumably with a better score/closer distance or whatever, if they didn't get a place because of this administrative error. I'm sorry if that sounds unsupportive because it must be just awful for you, but I do think you need the judgment of Solomon sometimes.

[sadparent]

Thank you all for all your support. We really appreciate it.

In this times when government expects all the citizens to act morally(aka. Mr.Carr), it is sad to see that it does not follow what it preaches.

Also, we appreciate that there are people ahead of us on the waiting list, and we do want to impact anyone, but at the same time if the school increased the PAN by 1, then I think it would be a good resolution of all.

Please understand that the clause will allow the authorities a license to cover all their shortcomings behind this clause and if we do not the right thing this time, it will really set a bad example for future.

[mystery]

Well that's right. As I said above I find that clause Etienne pointed out really scary. Can anyone be sure of their school place until the day their child has started there?

[Etienne]

Hi Mystery

We now have a slimmed down Code! The previous Admissions Code was actually more detailed. It stated:

Withdrawing offers of places
1.50 Once an offer of a school place has been made it is only reasonable for an admission authority to withdraw that offer in very limited circumstances. These may include when a parent has failed to respond to an offer within a reasonable time or the admission authority offered the place on the basis of a fraudulent or intentionally misleading application from a parent (for example, a false claim to
residence in a catchment area) which effectively denied a place to another child; or where a place was offered under co-ordination by the local authority, not the admission authority, in error. If a parent has not responded to the offer of a place within a reasonable time, the admission authority must remind the parent of the need to respond within a further seven days and point out that the place may be withdrawn if they do not.
1.51 A school must not withdraw a place once a child has started at the school, except where that place was fraudulently obtained. In deciding whether to withdraw the place, the length of time that the child had been at the school must be taken into account, for example, it might be considered appropriate to withdraw the place if the child has been at the school for less than one term. Where a place is withdrawn on the basis of misleading information, the application must be considered afresh, and a right of appeal offered if a place is refused.

The difficulty in this case, I suspect, is compounded by the fact that the error appears to have been made by the LA, which is not the admission authority and cannot therefore make available a place. Sadparent, understandably, would like the school to take an extra pupil, but the school has done nothing wrong, and presumably has no wish to increase its numbers (even by one).

What would have happened if the appellant had withdrawn from the second school as promptly as she accepted the second offer at the first choice school?

I hesitate to get drawn into a hypothetical situation , but I think it's highly unlikely it would have been a problem because of the way in which allocation rounds are spaced out - places were not being re-allocated on a daily basis!

[sadparent]

Hi Etienne,

It is possible to have lost the second place if our second choice of shcool had been a school with in Milton Keynes Council, but that is not the case and we dont we want to get carried away by hypothethical scenarios.

I agree that the school has done nothing wrong, but if we or anyone else has an appeal decision in their favour,would the school not be forced to take an extra child in that case.

All we are saying is authorities need tobe put through the pain of getting that commitment from the school(for which obviously school may expect a return favour) rather putting the whole family through such undeserved and uncalled for stress and anxiety filled time. This puts the responsibility on the authorities to get its ideas right in the first place.

Thanks

[Etienne]

I agree that the school has done nothing wrong, but if we or anyone else has an appeal decision in their favour,would the school not be forced to take an extra child in that case.

Indeed - but you rightly use the word 'forced'. They are obliged by law to take an extra pupil if there is a successful appeal, it is not something they wish to do!

I do understand your distress, and hope you may have a successful appeal.

[sadparent]

Hi all,

Thanks for all your support. We are glad to inform you all that the outcome of our appeal has been in our favour and our son has now been offered the place at the first choice.

Once again would like to thank you all for your advice and kind support.

Regards