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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35954
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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We are in a spot of bother the our child does not have a

Customer Question

Hi we are in a spot of bother the our child does not have a school placement and we have applied since last year it’s quite a long story but bot***** *****ne is the school we applied for is over subscribed and a miles from our house and the school that they offered a place is 14 miles away and has a inadequate ofsted in our appeal they said if we had the right letter and prove of adress which we had he would have been allocated a place can you help please
JA: Where are you? It matters because laws vary by location.
Customer: Hertfordshire
JA: What steps have you taken so far?
Customer: one appeal numerous letters to council school and mp but all they say is they are oversubscribed even though we know one child in year 7 has left but the school says 3 pupils have to leave as he is no 1 on the waiting list
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Need to probably talk to someone there is a big paper trail
Submitted: 13 days ago.
Category: Family Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 13 days ago.
Ill wait
Expert:  Clare replied 12 days ago.

My name is ***** ***** I shall do my best to help you I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 12 days ago.

You seem to have done everything possible - what do you wish to know?

Customer: replied 12 days ago.
Is this the answer I wait 24hrs for
Customer: replied 12 days ago.
what am I to do
Expert:  Clare replied 12 days ago.

Why were you not able to provide the prrof of address - was it not requested?

How old is your child?

Customer: replied 12 days ago.
He is 11 ,we provided proof the 3rd of dec, which was adequate but we only received a reply on the 11th that this was fine ,but then the application already closed this means they could have let us know the same on the 4th and he would have a spot like they said in the appeal
Expert:  Clare replied 12 days ago.

When was the evidence first requested?

When did the applications close?

Customer: replied 12 days ago.
2nd dec and closed the 4th but the council had all his info cause the was at the primary school
Expert:  Clare replied 12 days ago.

When they requested it did they say there was a deadline?

Customer: replied 12 days ago.
the deadline was the 4th our stuff was in on the 3rd
Expert:  Clare replied 12 days ago.

So what exactly was said in the appeal about that?

Customer: replied 12 days ago.
Had we provided the correct proof on the 4th he would be allocated a place but from the 3rd to th 11 th we heard nothing from the council and on the 11th they said allocations have now closed and the adress can’t be updated for that round it send a copy of that email
Expert:  Clare replied 12 days ago.

I am sorry I am confused - I thought you said you had provided the proof on 3rd December?

Customer: replied 12 days ago.
that that we had and didn’t get replied on till the 11th where we were told they need more evidence after the allocation has closed it is very confusing I know but we moved to this house at exactly the wrong time
Expert:  Clare replied 12 days ago.

Ah I see

I was hoping there was some wriggle room there.

Out of interest how did you send it?

Customer: replied 12 days ago.
Email
Expert:  Clare replied 11 days ago.

Was that one of the options given and can you prove they received it?

Customer: replied 11 days ago.
They must have received It cause they replied on the email only on the 11th
Expert:  Clare replied 11 days ago.

Sorry - I meant is there anyw ay to prove when they opened it?

Expert:  Clare replied 10 days ago.

I am sorry that you were not able to respond as it is clear that this is the area where you may have some leverage

In general terms the liklihood is that you will eventually get the place and you can opt to home educate until then

However I beleive that this point is one that bears more pushing.

You sent the information before the cut off point - it is not your fault if they failed to open the email.

There is always same wriggle room with secondary school class numbers - so keep pushing on that point - and suggest you may look for a Judicial Review

I hope that this is of assistance - please ask if you need further details