British Citizens who have moved back to the UK after 2 years in the US not allowed a school place

[lucyhughes2]

Hi

I wonder if anyone can shed any light on this for us.

We are British Citizens and two years ago my husband was offered an inter company transfer to work in the US. This was just for two years and they relocated me and our three children there. He was on a L1 Visa and the rest of us L2.

My sons were attending a British State school before we moved.

Two years have now gone by and we moved back to our old house in the UK three weeks ago.

We have been informed that we cannot apply to a state school as the home office has no record of us. The LEA seem very confused and this has been going on for nearly a month now and we don't seem to be getting anywhere with a decision as to whether our children can start school in September.

I spoke to the LEA before we moved back and they informed us that they would not be able to discuss a school place for our children until we were physically in the country, although we had an address (I can understand the logic of this though) They also mentioned they wanted to clarify with the home office whether there would be any issues with our British children attending a state school as we had been out of the EU for two years. I felt this wasn't necessary due to us not being immigrants and we didn't emigrate. This has delayed our children getting into the local school and within this time a new child has just started so one of the classes for my son is full.

I am not allowed to appeal or apply to a school now until they have a decision from the home office, who i also think are confused.

The person i have been dealing with at the pupil access team really seems confused and doesn't make much sense. He did say they wanted to know what visas we were on when we came back into the country but i kept telling him we didn't need visas to come back, we are still British Citizens!!. This just feels a little frustrating. My 7 year old has autism and we really wanted to help him get settled.

Am i missing something here?? Have the LEA got the wrong end of the stick or is it true that we are not eligible for a school place in the UK now we have been out of the EU for two years?. My husband was even paying some UK tax while we were away.

Any help and advice would really be appreciated

thanks

[walde]

What?! This sounds bonkers. Can you get a second opinion?
Sorry, I don't have anything useful to add!

[VeryLittleGravitasIndeed]

Did the company relocate you back to the UK? They should provide a relocation service including advice on issues like this and presumably there was something in the relocation agreement guaranteeing support of some kind for problems like this (and also for tax issues). It's what my company does for international assignees anyway, even when repatriating to the home country.

[VeryLittleGravitasIndeed]

Also it might help if you post in the expat section (I think it's called living abroad).

[lucyhughes2]

Thanks

I have tried and i have actually spoken to the Home Office myself who thought it was hilarious as there is no need for them to be involved as we are not immigrants. I relayed this to the LEA but they won't do anything until they have confirmation from the Home Office themselves. I have no idea when this will be. Apparently the person i need to speak to isn't in until Tuesday and will be very busy with appeals. It would be nice to be one of those appeals!

SIGH

[lucyhughes2]

Oh i didn't realise there was an expat section, i will have a look, thank you.

Yes the company relocated us back but there doesn't seem to be anything in place to help. We had loads when we moved to the US though.

[MumTryingHerBest]

lucyhughes2 My husband was even paying some UK tax while we were away Have you spoken directly to anyone at the home office? Would it be worth sending photocopies of the tax documentation you mentioned above to the home office along with photocopies of all your passports, NI numbers, birth & marriage certificates etc. (sorry if you have already done this)?

[MumTryingHerBest]

Sorry, cross posted

[spanieleyes]

britishexpats.com/forum/moving-back-uk-61/information-returning-british-citizens-313047/ has some information you might find useful

[Sleepytea]

Something sounds wrong. When we moved back from Australia I phoned the lea to find which schools had space, then made an appointment at the school where we filled in the paperwork. Ds started school the following week. We didn't have to show any paperwork other than our tenancy agreement to prove our address.

[williaminajetfighter]

This is nuts. If there are delays then push this up to the school head. Surely all you have to do is show them your....British passports!!

If the issue is about tax payments then that makes no sense as anyone just immigrating to the UK is unlikely to have paid much in taxes and there will be lots of British parents - sending their kids to school - who pay little to know tax.

I feel for your sighs!

[MumTryingHerBest]

lucyhughes2 I suggest that any communication you have with the LEA, home office etc. is followed up with an email/signed for letter to them outlining everything that is discussed. It maybe useful if you end up having to appeal for a school place(s).

[MM5]

The LEA is talking nonesense! They are confused!

If someone has Indefinite leave to remain visa and leave for more than 2 calendar years, they lose their visa. But, you are a citizen and have Ll rights afforded as a citizen.

My advice, contact your local councillor. Sometimes they can help move silly things like this along.

[HolidayPackingIsHardWork]

How about writing to your MP? I did this when my passport was delayed about 10 years ago and it was delaying an urgent business trip. I got the passport in the post three days later.

I wouldn't waste an MP's time with trivial stuff, but this seems to me like classic constituency work.

[admission]

I think that the LA is assuming that you are a non-European Economic Area national, which from what your say in posts is a nonsense. I presume the LA is looking at the non-statutory "Guidance on Schools admissions: applications from overseas children" from the Department for Education published 25 March 2014.
The key sentences in this very short document are
"If you find that children belonging to either of these categories are attending a state-funded school, you should alert the Home Office straight away so they can investigate further. You must not deny these children education until the Home Office has come to a decision."
They are obviously having a "bad hair day"

[concernedaboutheboy]

The LA are totally and completely wrong. They havr a legal duty to find a school place for all children of statutory school age who want one without reference to immigration status. The relevant piece of legislation is S 14(1) of the Education Act 1996. www.gov.uk/schools-admissions-applications-from-overseas-children here]] is the current DfE advice to schools and LAs.

[concernedaboutheboy]

No doubt they are getting confused with the rules on welfare benefit entitlement where UK nationals sometimes aren't eligible if they've been domiciled overseas.But schooling is not treated in this way.

[3littlefrogs]

Write to your MP.
IME that is the quickest way to get this sort of thing sorted.

[Efferlunt]

Could you apply directly to schools with spaces when they are back that should force the issue. In the meantime at local councillor may be quicker and more effective than your mp.

[EduCated]

Agree with those saying write to your MP. Sounds like you need someone to step in and tell them all to stop being so ridiculous.

[Barbeasty]

I know the OP hasn't asked this, but since at least one admissions expert is on here.....

The OP says that since they first approached the council about applying someone else has moved to the area and taken the last place in the class her DC would have had.

Since it is the council's error that has prevented them from applying, would OP have a strong case at appeal? Even if it's infant class size?

Hope you get it sorted soon OP.

[tobysmum77]

that's what I'd imagine barbeasty. If it was me op I wouldn't mess around with mp. I'd get a solicitor onto them.

[ContinentalKat]

Hello OP, you LEA are talking complete and utter nonsense! Of course your children have a right to a school place! None of the expats I know have ever encountered this.

Talk to the head of the school for your children and your MP ASAP. How ridiculous!

[sashh]

They obviously think you are US citizens and probably that you are coming here for 2 years.

[lucyhughes2]

Thank you so much for your replies.

It isn't just me that thinks all this is bonkers. I spoke to the home office myself and the guy just laughed and said they had no idea what they were talking about.

I managed to speak to someone senior this morning at the LEA who was lovely and actually listened to me. Hopefully they will get this sorted soon. She is sending out appeals forms for us today too as the previous guys i spoke to refused.

Your responses made me cry with relief that i wasn't going crazy (i'm 7 months pregnant and hormonal too, ha ha)

Thanks again, the replies gave me some great strength and advice.

I have now gotten my mp's details and have written a letter and e-mail to send out.

Thanks again

[TortoiseUpATreeAgain]

Yes, if your MP is halfway decent that's the best way to proceed. I've known them put VERY effective rockets up the backside of LAs who mysteriously discover (after months of delay and claiming that there's nothing that they can do) speedy solutions to problems.