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PostPosted: Wed Mar 14, 2018 7:23 pm 
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Joined: Thu Oct 13, 2016 10:15 am
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We have received an email today from Warwickshire CC withdrawing our offer (which was offered and subsequently accepted by me on 1st March)

[edited to remove text from email - due to confidentiality]

DD scored 250+ and I was relatively confident she would be offered off of waiting list on second round. She was offered on 1 March which I was surprised about, but as she scored so highly didn't think too much about it. Two weeks later and it's been taken away. It is absolutely gutting. I only saw the email after 5pm (it was sent just before 4.30pm) and the admissions office is now closed. Do I have grounds for appeal even though we are out of area?


Last edited by Here_goes on Thu Mar 15, 2018 10:39 am, edited 1 time in total.

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PostPosted: Wed Mar 14, 2018 8:00 pm 
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2 weeks is a very long time - have a look here for some info https://www.elevenplusexams.co.uk/appea ... school#c16


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PostPosted: Wed Mar 14, 2018 8:12 pm 
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Thank you HermanMunster. Any advice on next steps? I actually feel sick at the moment and know that I won't get any sleep tonight. I really don't know what to do.


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PostPosted: Wed Mar 14, 2018 8:44 pm 
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It is probably worth taking a deep breath and waiting to see what they say in the letter.


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PostPosted: Wed Mar 14, 2018 8:56 pm 
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Just so torturous, making us wait two days. Surely it could be attached as an email. Agggh!


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PostPosted: Wed Mar 14, 2018 8:59 pm 
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Here_goes wrote:
We have received an email today (main extract below) from Warwickshire CC withdrawing our offer (which was offered and subsequently accepted by me on 1st March)

Unfortunately, Warwickshire County Council have made this offer in error and I am afraid that the place must now be withdrawn from your child. This is due to children not being offered places in the initial round of offers on 1 March who should have been given a place due to them being of a higher criteria than your child.

A letter explaining full details of this situation will be posted out to you tomorrow (Thursday 15 March) and will also go on to further advise on why the offer has been withdrawn and what you can do next in these circumstances.

I appreciate that this news will be extremely disappointing for you and your child, and I would like to offer my most sincere apologies that this error has occurred.


Not very helpful and very agonising. DD scored 250+ and I was relatively confident she would be offered off of waiting list on second round. She was offered on 1 March which I was surprised about, but as she scored so highly didn't think too much about it. Two weeks later and it's been taken away. It is absolutely gutting. I only saw the email after 5pm (it was sent just before 4.30pm) and the admissions office is now closed. Do I have grounds for appeal even though we are out of area?


So sorry about the withdrawal of the offer for your daughter. I can't begin to imagine how you feel at moment.

Did the email include a waiting list option for your DD? If so, perhaps your DD could still get re-offered without you needing to appeal especially as she scored very highly. It may just mean a bit of a wait for you. Certainly annoying particularly when you'd thought you'd avoided waiting.


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PostPosted: Wed Mar 14, 2018 9:10 pm 
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The email gave scant information. I guess that we just have to wait for the letter and see what information it contains. It is going to be a long couple of days.


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PostPosted: Wed Mar 14, 2018 9:32 pm 
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Joined: Fri May 26, 2017 7:17 pm
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The info Hermanmunster signposted to does give some hope for an appeal. Below extract just to show where to look. Previous case suggests the length of time the school waits to withdraw a place is prejudicial. I have to say though given Warwks seem to have made a number of similar errors lots of families will potentially be in the same position. I think the schools are going to be in a real pickle if parents argue successfully. I totally feel for you. I would be furious. Was your 2nd choice a grammar as well?

Quote:
C16. If the parental application was not fraudulent, can a LA withdraw a place it has offered in error?
The law is not entirely clear here, but the length of time that passes before the place is withdrawn seems to be significant.

The following precedents may be of interest (but come without guarantees!):

R v Beatrix Potter School (1997)

The head offered a place in error, and the LA withdrew it the same day. Parents appealed to the High Court on grounds of ‘legitimate expectation’ of a place. High Court refused the appeal (and the place) as the offer was withdrawn the same day.

Ombudsman complaint 99/C/1876

Head offered five places. LEA withdrew them after three days.
Ombudsman decided in this case the delay was too long, and amounted to maladminstration. Places confirmed.

However, once a child has started at a school, the Admissions Code (2014) now says:

2.13 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 has 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 theschool for less than one term.


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PostPosted: Wed Mar 14, 2018 9:47 pm 
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Thank you Sphynx. We only listed the one grammar and two local comps. The other Grammar schools are too difficult to get transport to from home. I will call in the morning to see if they can give any more information.


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PostPosted: Wed Mar 14, 2018 10:02 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7747
Welcome to the forum, and so very sorry to hear your news.

Sadly we have at least one such case on here every year.

This was last year's:
viewtopic.php?f=35&t=51054

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Etienne


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