32.
The Tribunal find the following facts about the ordinary residence of the
Complainants as at 11 January 2008.
33.
Ms Paton supplied information about ordinary residence to the Council in a
form Application for Admission to Reception Class–September 2008. The
form referred to the Council’s Guide to Admission to Schools in Poole
2008/2009 for essential information. The completed application form had to
be returned to the Admissions Team by midday on 11 January 2008.
34.
Ms Paton completed the form and dated it 6 January 2008. She signed it below
a declaration that
“To the best of my knowledge, the information I have given is
correct and complete and this is the only application form I
have completed. I will advise the Admissions Team, in
writing, of any changes to the information on this form. I
understand that the provision of incorrect information could
lead to the withdrawal of the offer of a school place….”
35.
The form said nothing about possible prosecution or criminal penalties for the
provision of incorrect or incomplete information or the completion of more
than one application form.
36.
The application giving Property 1 as C5’s home address was for an “in
catchment” reception place for C5 at a school in Poole in September 2008. To
qualify for the September 2008 entry the child C5 had to reside in the
catchment area of the named school as at 11 January 2008. That was the cutoff date. One of the Complainants (C4) was already at that school. The
Complainant C3 was formerly a pupil at that school.
37.
From 2005 Ms Paton and C2 owned 2 residential properties in Poole. Property
1 was purchased in 1998. It was inside the school catchment area. Property 2
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