Appeal - maladministration of waiting list

[Mumoftwochildren]

I am appealing for my daughter to get into a CofE academy.

She is on the waiting list and her position keeps changing as people are added and given a place. Replies had to be back by 17th March. The school offered 8 places they had received rejections for on 31st March.

I believe they gave them to the top 8 children on 31st March and not whichever child was top of the list the day the rejection was received by the school.

As a result late people got places that were rejected before they even applied.

Have I got this right, should the child at the top of the list the day the rejection is received get the place and not the child top of the list the day the new offer is made?

Thank you for any help

[FluffyCat]

I think you would have to check the wording on the admissions policies. I would say it is reasonable to reallocate all 8 places on a particular date, rather than as they are rejected (sorry - not what you wanted to hear). After reallocation day then I would expect places to be allocated as they arose.

Hopefully you have other grounds for appealing too?

[Mumoftwochildren]

Thanks yes we do have other grounds.

I don't see how that is fair by waiting 4 weeks to reoffer then it gave more people time to apply.The wording on their policy says as places become available which I see as the day the rejection was received. They can offer in a batch but the offers must go to who was top of the list the day they received the rejection I think.

[Alex]

You need to check the Local Authority processes and dates as all offers are made through the LA for normal entry. They are probably published in the guide for secondary transfer.

It is usual to have the initial allocation date (1st March or nearest working date for everyone) then another date for second round allocations when all late applications (received after 31 October but before a certain date which varies from LA to LA) will be allocated along with any due to movement on the reserve list due to rejections etc. Thus for this next round all the original applicants will be ranked alongside the "new" ones from the late applications. No allocations are generally made between these two dates.

Then there is generally at least one other fixed date to allocate late+ applications (received after the closing date for late applications to be dealt with) and revised applications (where people who have already made an application have made a new application after allocation day to add further schools/change the order etc.

In my LA no further allocations are made between second and third allocation dates so by the third you have a number of new people to join the ranking.

After the third allocation places are allocated as and when they become available (but there may still be new applications from people who have moved into the area which will be processed as and when they are recieved and added into the mix).

I am not sure, however, that all LAs deal with late allocations in exactly the same way so you would need to look at your booklet and maybe contact the admissions department if this does not make the processes absolutely clear.

[Mumoftwochildren]

Thanks. The LA booklet just says there will be a second allocation round in early April. It doesn't clarify how the places will be offered. Their policy states as places become available they will be reoffered. It seems they did nothing for four weeks and then gave places to anyone who applied late when they received rejections between 3rd March and 17th March. Someone applying on 20th March for example I don't feel is entitled to a place rejected on 15th March as they had not applied by then.

[capers123]

The 'top of the list on the day a place becomes free' criteria will not start applying until after the 'Reconsideration' date. I suspect it's to be fair to those who need to post forms it or hand them in to Shire Hall, rather than being a 'who can click on the ask for reconsideration button quickest' on the web site.

The shuffling around of priority of children will have been happening for months before National Allocation Day - just behind the scenes so you were unaware of it.

[Alex]

..The LA booklet just says there will be a second allocation round in early April. It doesn't clarify how the places will be offered. Their policy states as places become available they will be reoffered. It seems they did nothing for four weeks and then gave places to anyone who applied late when they received rejections between 3rd March and 17th March. Someone applying on 20th March for example I don't feel is entitled to a place rejected on 15th March as they had not applied by then.

You may find that there is another published document which lays out the LA's procedures, something like "X's Co-Ordinated Scheme for School Admissions 2013-2014" which will go into more detail than the parents' booklet. You can ask the admissions department who should give you a copy even if it is not on the website. The scheme they appear to have applied would not be unusual. The School Admissions Code does state that applicants must not be refused because they have applied later than others. However, for you what matters is whether the LA applied their own published policy correctly. If they did not then you would certainly raise this at appeal. You would need to show, though, that the published policy had not been applied properly AND that your child was deprived of a place because of this.

[Mumoftwochildren]

Thanks. I have found that document. It states the waiting list should be held in admissions criteria order. It doesn't mention about places being offered that I can see.

I will bring it upat my appeal and see what the panel think.

[Sally-Anne]

I have looked at the various Admissions documents for the LA and the school (from your previous posts). The system is almost exactly the same as ours in Bucks and many other areas.

After the first round of allocations on 3rd March, people are entitled to add new schools to their preferences and late applications are also added into the melting pot. Unfortunately that means that the waiting list can be very volatile over the following weeks. In Bucks, no waiting list positions are given to parents for that reason. The first they know about their child's position on the list is at the point of the second round of allocations.

Please focus your case on the reasons why this school, and no other, will be the best fit for your child. I assume you have read the Appeal Q&As? http://www.elevenplusexams.co.uk/appeals/general" onclick="window.open(this.href);return false;

[Mumoftwochildren]

Thank you. Yes we have other reasons so hopefully these will be enough.