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Case against 'false address' schoolboy's mother dropped
Tim Ross and Peter Dominiczak03.07.09
The first parent to be prosecuted for fraud over allegedly lying to get her son into an "outstanding" school has had the charges dropped.
Mrinal Patel faced up to a year in jail or a £5,000 fine after Harrow council accused her of lying about where she lived to get her five-year-old into one of the most sought-after primaries in London.
But the council has dropped the case after receiving legal advice that its use of the Fraud Act 2006 could be open to challenge, a decision which has wide-ranging implications for enforcing school admissions rules across Britain. Harrow is calling on ministers to tighten the law to stop cheating by parents.
Mrs Patel, 41, attacked the council for putting her through an unnecessary ordeal. She told the Standard: "A year after the original application to Pinner Park, I received a summons. I was just gobsmacked when it came through.
"Hearing that the case was dropped was such a relief. It has been an extremely difficult time for my whole family, especially the children."
Mrs Patel openly admitted using her mother's address on the application form when trying to get her son Rhys into Pinner Park First School. It is rated "outstanding" by Ofsted and received 430 applications for 90 places. Like many of London's most popular state primaries, Pinner Park allocates places to those children living closest to the school.
Mrs Patel said she was living permanently at her mother's home, a short walk from Pinner Park, when she applied to the school. It was reported that she had moved out of the family home because of marital problems.
After Rhys was accepted by the school, Mrs Patel said she decided to move back into her husband's £300,000 home, well outside Pinner Park's catchment area. She said she immediately told the council that she had moved back.
"After Rhys got into Pinner Park, it was all resolved and I moved back into our family home," she said." I told the council immediately and they told me Rhys would not be accepted into the school because I was now living outside the catchment area.
"They know I told them the truth about where I was living and yet they still decided to put me through all of this." She accused the council of ignoring her repeated attempts to explain. "From the very start I told them all the circumstances about why I was living with my mother, but they just would not listen.
"I was just so shocked by it all. Your council is supposed to help you but they did everything they could to put me through this unnecessary ordeal. I'm sure there are people who would lie about their address to get their child into a good school, but I am not one of those people. It just is not me."
She decided to send her son to the private Quainton Hall School instead.
Harrow insisted it stood by the substance of its case against Mrs Patel and called on ministers to tighten the law. David Ashton, the council leader, said: "The law is not up to it. We need to have some degree of sanction.
"Harrow council brought this case with the greatest reluctance, after attempts to get Mrs Patel to expand on apparent irregularities on the school application form proved fruitless. In our opinion, the criteria to bring a prosecution in this case were met and therefore a court summons was issued.
"The initial hearing has raised issues over the use of the Fraud Act 2006. 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.
"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.
"We always seek to resolve issues over school admission by dialogue. However, we will continue to consider court action as a last resort."
Reader views (49)
The real issue here , as a former London teacher , is the poverty of our school curriculum created by successive government policies in persuit of 'P C' and away from the three R's. Don't blame parents for wanting the best for their children. Just look at our young soldiers , for example , on You Tube ; spelling is so bad it's like reading a foreign language !
- Chris M, morbihan , france
People like Trevor don't seem to be able to grasp the fact that there are a finite number of places at any school, and not everyone can get their first choice. If it's a given that some will be turned down, it makes far more sense for it to be those living further away, who are a) not part of the immediate community of the school, and b) who are only going to add to traffic and congestion if they do get their wish, as said offspring are ferried half way round the country. And to those saying that everyone would bend the rules to ensure a bright future for their kids in the same situation - actually, no, many of us wouldn't. What's even more astonishing about this case is that we are talking about a primary school, not somewhere the little mite is going to be sitting his A-levels.
- Zoe Preston, London
Nice one Steve... big up yourself... respect...
Try using your own brain some time... stop it rusting up 
- Sanjay, Hounslow, UK
it might prove enlightening to probe the salary and expences of the entire executive of the council.
- M.O'Brien, london.uk
I'm so angry with myself for having voted for this lot in the last council election. They have given the people of Harrow a stupid once a fortnight bin collection, they've dictated that you can't drink a beer outside, they've put camera cars on the road to snoop on people, they've rigged consultation, so that we've got unwanted CPZ turning up like a rash all over the borough. And they've now tried to persecute a parent for putting the grandparent's address down.
Perhaps somebody should explain to these councillors that the school admission rules suck. Some parents work a considerable distance from home. It might be almost impossible to get back from work to pick up a child during the day. It then makes sense to have the child at a school near a grandparent, or other relative who is able to come to the school if it closes for any reason or the child is sick. The state should stop robbing us through the tax system and dictating to us that children must go to the school they want not the one we want. I want my vote to go to a party prepared to privatise schools, bring in education vouchers, and give parents free choice. If I want my child to stay with her grandmother, during the week, and go to a school where she lives, in Richmond, because I know that at least 3/4 times a month I'll be abroad working during the school hours why shouldn't I make that arrangement?
- Trevor, Harrow
I agree with Frank,Home Counties.I usually do actually.The man speaks sense.
- Steve, London
Simplest thing to do really is reduce Council Taxes and make parents pay for their kids to go to the school of their choice.
Easy isn't it?
- Frank Bell, West London, UK
In a First World country children should have a basic right to education, and it should be accessible and roughly the same quality nationwide. Morally I'm going to back the mummy on this one. Whilst there is an large difference in the quality of education received at schools just a few miles apart in a state system intended to give everyone the same start in life, I think she was doing her job as a mother to try and get her kid into the best school. Parents all over the UK are having miraculous conversions to CofE or Catholicism, some can afford more expensive houses which are more expensive simply because they are near a good school - hundreds of thousands of parents are swinging it to get their kids into the better schools. People who have commented that it's a great way to bring a kid up are actually perfectly right: it is a horribly dog-eat-dog world in the UK and I should imagine every single person who has posted on here has at some stage in their life tried to wangle something - whether it be free parking or tickets from a tout, or breaking the speed limit a teensy bit.
To prosecute this case the council would need to prove that she did not genuinely split up with her husband, which would be nigh-on impossible, especially given how many women do move out temporarily. If she can prove as she states that she notified them when she moved back in but they still awarded the same school place, the ball is firmly back in the Council's court.
- Roz, France
if it wasn't the emigrants the parents choice would possible MR Sanjay likec the rest of the services the system was not built to accommodate the third world.
- John Patrick Green, nottingham
@ Sanjay, Hounslow, UK
Yeah strange, whatever you say.
If you had bothered to read my comments, you would understand. Let's wait for the follow up story shall we.
- Frank, Home Counties, England.
What a bunch of miserable muppets some of you are. From a couple of racist comments to people moaning as if she personally robbed you.
Go out and enjoy the summer weather and stop moaning so much. London has too many miserable gits.
- Mark, Atlanta, USA
I agree with Adam, Harrow. This has been going on for years, and will do until all State Schools in any given area are perceived to be up to the same academic standard. It was a waste of time pursuing this lady - all they had to do was withdraw the place once they found out what she had done. I'm sure the residents of LB Harrow will be pleased their hard-earned taxes are being so well-spent on such fruitless litigation!
- Sonia M., St Albans, Herts
She is a criminal and must pay the price. END OF STORY!
- Vince, London, West London
The only reason she is "Shocked" by her ordeal is the fact that she was caught out!
- Dee, london
She has no shame and I am glad that her child did not go to that school. What an example to set. "Oh, just lie darling it will be all right". Stop freedom of choice and make children go to their local school. If she can now afford to pay why did she not do that instead of lying? I heard ger on the radio and she was most unconvincing just sounded like a liar.
- Mary, London
Frank you're a strange man with a one track mind - how does racism even feature in this story??? The only racism I see around here is from you - this lady is of colour and therefore she is lying - isn't that the way you think Frank?
- Sanjay, Hounslow, UK
The children deserve a lot of sympathy, either their mother is a cheat or their parents are having marital problems. For their sake this woman should have shut up and not enjoyed her hollow victory in public.
- Dereck, London, England
Is this lady disputing the fact that she is a liar.If her child had got a place at this school a deserving child would have missed out, it is a real shame that she can't prosecuted for her actions.
- Mike M, Bedford England
Wonder if she would have got away with this crime if she were a white Brit?
- Mike, London England
I heard this woman on the radio this morning. An answer for everything but couldn't explain why she had written "14 years" on the form instead of "3 weeks" when required to give the time spent living at the address. She had also been asked by the council on several occasions to go see them. She didn't. Glad she came unstuck.
- Jilly, London
@ Sanjay, Hounslow, UK
I give it less than a week before she makes a claim of racism.
- Frank, Home Counties, England.
How Mrs Patel can be shocked by her ordeal is unsure.Maybe it's because it's the first time the family have been questioned about their lying ways.It wouldn't surprise me if they use similar practices in their business and tax dealings.
If she had any sense then she'd stay silent instead of acting like a victim.
- Ted Williams, Cheshire,England
This lady is not of modest means - she is sending her son to a private school. Under the present system, of course she ought to have been prosecuted - the message now is that people like her can get away with it!
- Liz, London,UK
Clearly a grasping mother determined to get ahead to the detrement of those she displaces - ugh.
The only solution is that you are entitled to a scholld on the basis of where your council tax is regestered. If you appear to have tow homes then it is the majority residence. The tax authorities will chase up the profit on teh sale of any other property. Renting a property will attract tax to the owner and will only be permissable based upon income and background ie you cannot rent a property for a few months just for the school entry.
Oh yes and if the address changes then the child must go to another school - regardless.
No doubt those in a religious school and also those whose religion includes some multiple occupancy will consider this postion as wholly unacceptable
- Jill, London
There are far more important issues to put though the legal system at this point in time.
- Dave Davies, Basingstoke, Hants
As far as I can see, the most appalling aspect of this case is the outrageous injustice of the law if she'd been found guilty! -A fine of £5000 to someone of even modest means is not too difficult to find, -and certainly not 'life changing' -but were the person unfortunate enough to be living on benefits? -an alternative of A YEAR in jail? -That's not justice, -that's discrimination against the poor!
- Huggy, Cumbernauld Scotland
Frank - your comment is a waste of space and time!
Moving on... I can sympathise. I have a friend whose daughter was not offered ANY of her 6 choices of secondary school by the local authority. That to me is totally disgusting.
This 'fraud' would not go on if there were decent schools and places at local schools!
- Sanjay, Hounslow, UK
A lot of parents are forced to lie and cheat to get their children in a good school.
But responsible for this situation and a messed up system are the hopeless people in Government and all the useless bureaucrats who should be all sacked for incompetence because they are not doing their jobs and provide the citizen of this country with the services (incl. Health) they pay for with their taxes.
- Gary, Harrow
What a mess! Personally I would have no problem putting my child's prospects way before having a clear conscience...
- Justin, Jerez de la Frontera, Spain
The message is that cheats prosper.
- Roy Grainger, London
I'm not getting prosecuted for it, therefore I will go out and do it even if if it is wrong.
If a 'supposedly' law-abiding person can use this argument then why blame drug-dealers for what they do or rapists even ?
- Madmax, London, UK
A quick five minute look at the Fraud Act shows she should not have been prosecuted. What a waste of public money. It also does not cover someone lying about their handicap to join a golf club. The Act is purely concerned with evading payment and causing loss or gain.
- Jack Spratt, Richmond, Surrey
Shame she wasn't fined- this practice of 'false addresses' has been going on for decades. I refused to join in this common practice in my ex-North London circle 8 yrs ago, so my child went to our 'local lower-achieving' school ie 80% ESOL in his class- but at least I had a clear conscience. (We had the last laugh in the end- he did better in his GCSEs than their kids & is now doing A levels, all courtesy of state system)
Head teachers often know, but sometimes turn a blind eye to 'false address practice' -especially where affluent, professional, domineering PTA-member/governor-type parents are concerned
- Wouldn'T-Lie, Essex
This cheat wasn't prosecuted because of a technicality, but if the council had gone ahead, they would have been hit for compensation on the grounds of racism.
This selfish woman is clearly a fraudster, She should have received a custodial sentence
- Kerry Trubee, Purley
A prosecution was probably over the top but she is a lying cheat - pure & simple.
- Matthew, Grays, UK
What a way to bring up a child.
- Stuart, East Sussex
Harrow Council could nip this sort of thing in the bud if they chose to enforce the existing parking restrictions around schools.
They are currently operating a policy of turning a blind eye to parents that park in residents bays around drop-off and pick-up times.
This reluctance to enforce parking regulations encourages applications from further afield.
The selfish and illegal parking of vehicles around schools,places all our children at greater risk of being knocked down.
- Harrison, Harrow,England
Someone who gets off a charge on a technicality isn't innocent and would be a fool to otherwise.
The best schools are not always the best for your child, especially when ' one the facade' has been dropped, the child has an awful long commute. You can't have your cake and eat it.
- Sandy, London
Why so much focus on a parent committing 'fraud'. The Govt have claimed false expenses is'nt that to some degree as fraudulant as this? True, its not right, parents have a duty to set example, as is the govt's duty to set example to the public. This parent perhaps did not do right but, for what its worth it was for the benefit of a better standard of education for her child, unlike claiming for expenses which were for the benefit of the indivduals alone not already satisfied with their income.
- Sherby, ilford essex
"Harrow is calling on ministers to tighten the law to stop cheating by parents."
Shouldn't they really be calling on the government, and taking a good long hard look at themselves (as well as all local authorities), to ensure that all schools are as desirable as the one they tried to prosecute for?
Numpties.
- Escobar A-Lop-Lop, Mad as hell and not taking it anymore.
Its not very good for people to lie. but i suppose some will always try it on.
- Ezza, UK
She tried it on, she got caught, she should be fined. Wait for the cry of racism.
- Frank, Home Counties, England.
Gives the wrong message to other parents, who will also think they can get away with it. People like her, should be fined. She commited fraud. Simple as that. She knew exactly what she planned. A sneeky underhand plan to cheat the system, which backe fired. She was caught out, but now goes unpunished. Well done Ed Balls, you plan is working WELL.
- Alan, London
Sorry no not innocent, you are just not getting prosecuted for your fraud.
Whilst I understand that you want the best for your child, your lies have resulted in another child losing a place because their parents decided to be honest and truthful.
- Chris Costello, London, UK.
Another supposed victimless crime accepted by society the same way social drugs are accepted and yet when you consider the crime it is anything but victimless. It is 100% selfish and ignorant and people should be prosecuted.
I fail to see where she has been clear it states the crime would be covered by 2006 Fraud Act
- Jerry, Chiswick
As neither a parent nor teacher, I have no real interest in this case. But does not the ruling mean that parents are free to give any address without challenge? Won't the houses nearest the school gate become the homes with the highest multiple occupancy in the area?
- John, Romford, UK
It's easy, whilst you pay Council Tax in an area, you should be entitled to a place in the school.
This woman should have been fined.
- Cap, london
What a bad council. I hope the administrator who bungled this gets fired! And that the parent does not belong at this school. There is no place for fraudsters like this and the kid will probably be bullied there if she does not live locally. Rules are rules and Pattil broke them...
- Georgie, Islington, London
This should never have come to court. What a waste of public money. Instead of pursuing parents who want to achieve the best education for their children the local authorities and Govt should be ensuring all schools are 'desirable', teachers are paid very well and pupils are enthused to study.
- Adam, Harrow, UK
