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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Does a child have a legal right to attend the nearest secondary

Resolved Question:

Does a child have a legal right to attend the nearest secondary school
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

The query is for my grandson who will be attending secondary school this September. His parents applied for a school some distance away but have not been allocated a place. Due to an oversight they did not name the local school as their second choice. They have been told there is not a place there as it is full.

Alex Watts :

Is there a legal right to attend a school locally - yes. But there is also a legal right to attend school outside the area.

Alex Watts :

They applied for one outside of the area, which is fine they have a right.

Alex Watts :

But if they did not select a local one as second choice, sadly that is not the fault of the Local Authority

Alex Watts :

You can't make the Local Authority liable for something that someone else did not do

Alex Watts :

Therefore on the basis they did not nominate a second choice, they can not demand a local school now, even if it was an oversight.

Alex Watts :

If the school is full, they can't simply demand a place.

Alex Watts :

What they can do is write and appeal the decision if they wish

Alex Watts :

The appeal will be heard by a panel.

Alex Watts :

But I think based on the fact they did not put a second choice they may be in difficulty.

Alex Watts :

They could complain to the Local Government Ombudsman

Alex Watts :

They investigate complaints and are independent. They offer a free service at: www.lgo.org.uk

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thanks Alex that is clear, thank you for your advice

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