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The law is not entirely clear here, but the length of time that passes before the place is withdrawn seems to be significant.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 High Court refused the appeal (and the place) as the offer was withdrawn the same day.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.