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| Version 2 | Version 3 |
|---|---|
| School place 'fraud' case dropped | School place 'fraud' case dropped |
| (40 minutes later) | |
| A council which was the first to prosecute a mother for lying on an admissions form to get her son into a good school has withdrawn its action. | A council which was the first to prosecute a mother for lying on an admissions form to get her son into a good school has withdrawn its action. |
| Harrow Council in London prosecuted Mrinal Patel who gave her mother's address when applying to the popular Pinner Park First School for her son. | Harrow Council in London prosecuted Mrinal Patel who gave her mother's address when applying to the popular Pinner Park First School for her son. |
| The council had used the Fraud Act 2006 to prosecute Mrs Patel, but it is now not clear if it can apply in this case. | The council had used the Fraud Act 2006 to prosecute Mrs Patel, but it is now not clear if it can apply in this case. |
| The council says the government should change what it terms a legal loophole. | The council says the government should change what it terms a legal loophole. |
| Mrs Patel said she was relieved and the decision showed she was innocent. | Mrs Patel said she was relieved and the decision showed she was innocent. |
| This case was never about persecuting mothers who wish to do the best for their children David AshtonLeader of Harrow Council | This case was never about persecuting mothers who wish to do the best for their children David AshtonLeader of Harrow Council |
| "It's a great relief for me and my family. It's been an extremely difficult ordeal and I'm happy to put the matter behind me," she said. | "It's a great relief for me and my family. It's been an extremely difficult ordeal and I'm happy to put the matter behind me," she said. |
| "I have from the outset denied the allegations and the council's unconditional withdrawal of the proceedings confirms my innocence." | "I have from the outset denied the allegations and the council's unconditional withdrawal of the proceedings confirms my innocence." |
| It was thought she was the first person to be prosecuted in this way. | It was thought she was the first person to be prosecuted in this way. |
| Harrow Council said it was no longer clear that the Fraud Act 2006 could be used to cover this type of case, and so it had decided to withdraw the action to avoid potentially expensive court costs. | Harrow Council said it was no longer clear that the Fraud Act 2006 could be used to cover this type of case, and so it had decided to withdraw the action to avoid potentially expensive court costs. |
| The leader of Harrow Council, David Ashton, told the BBC: "This seems to be a loophole, we can't in this particular instance and this example use the Fraud Act 2006. | The leader of Harrow Council, David Ashton, told the BBC: "This seems to be a loophole, we can't in this particular instance and this example use the Fraud Act 2006. |
| "But we are looking at other avenues and we'll be discussing it further. But it would help if the Government considered this position, because it is a nationwide problem." | "But we are looking at other avenues and we'll be discussing it further. But it would help if the Government considered this position, because it is a nationwide problem." |
| The BBC's education correspondent, James Westhead, said the council had been concerned the Fraud Act might only apply to property, rather than school places, and that its prosecution might fail. | The BBC's education correspondent, James Westhead, said the council had been concerned the Fraud Act might only apply to property, rather than school places, and that its prosecution might fail. |
| He added anecdotal evidence suggested that the problem of parents lying about their home addresses in order to get into good school had trebled over the last couple of years. | He added anecdotal evidence suggested that the problem of parents lying about their home addresses in order to get into good school had trebled over the last couple of years. |
| 'Greatest reluctance' | 'Greatest reluctance' |
| Pinner Park First School received 411 applications for its 90 available places in September 2008. | Pinner Park First School received 411 applications for its 90 available places in September 2008. |
| The council says it allocated places to children living closest to the school, up to a maximum distance of 0.685 miles. | The council says it allocated places to children living closest to the school, up to a maximum distance of 0.685 miles. |
| When she applied for a school place, Mrs Patel gave the address of her mother, which was within the school's catchment area, rather than the family address. | When she applied for a school place, Mrs Patel gave the address of her mother, which was within the school's catchment area, rather than the family address. |
| Mrs Patel said that she was separated from her husband at this time, but that a few weeks later she moved back to the family home. | Mrs Patel said that she was separated from her husband at this time, but that a few weeks later she moved back to the family home. |
| Harrow Council said it had brought the case "with the greatest of reluctance" after Mrs Patel failed to explain irregularities regarding her application. | Harrow Council said it had brought the case "with the greatest of reluctance" after Mrs Patel failed to explain irregularities regarding her application. |
| Mr Ashton said: "While we stand by the substance of our case, subsequent legal advice is that technical legal arguments over the interpretation of the Act could pose a risk to the success of the action. | Mr Ashton said: "While we stand by the substance of our case, subsequent legal advice is that technical legal arguments over the interpretation of the Act could pose a risk to the success of the action. |
| "We have therefore decided that, rather than incur potentially costly legal fees over a Crown Court case that might be undermined by legal argument, the interests of residents are better served by Harrow Council withdrawing this action. | "We have therefore decided that, rather than incur potentially costly legal fees over a Crown Court case that might be undermined by legal argument, the interests of residents are better served by Harrow Council withdrawing this action. |
| "This case was never about persecuting mothers who wish to do the best for their children; it was about defending the integrity of the school system against those who might seek to flout it." | "This case was never about persecuting mothers who wish to do the best for their children; it was about defending the integrity of the school system against those who might seek to flout it." |
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