Annulment of Enrolment

Once attendance has commenced, Section 11O provides for the annulment of enrolment if the board has reasonable grounds for believing that, at the time of application, the parents provided false information or deliberately used a temporary address in an attempt to unfairly gain priority in enrolment.  The importance and implications of “reasonable grounds” are explored in some detail in the next section, headed “Temporary residence”. 

Reasons for annulment fall into two categories.

Supplying false information

Annulment is via Section 11O(1) for the following reasons:

(a) although the student had an in-zone address at the time of application, the student had moved to an out of zone address by the time of enrolment (ie the first day of attendance); or

(b) the student had never lived at the in-zone address given at the time of application; or

(c) new evidence has come to light which suggests that the student is not, in fact, the sibling of a current or former student.

In these situations, if the board has reasonable grounds for believing that the information given at the time of application was deliberately false, and the parents have been unable to provide a satisfactory explanation, then the board may annul the enrolment.

Use of a temporary residence

Annulment is via Section 11O(1A) if the board has received no satisfactory explanation following its decision to review an enrolment.

An enrolment may be reviewed if the board has reasonable grounds to believe that a temporary address was used to unfairly gain priority in enrolment.  This matter is covered in detail in the next section, headed “Temporary residence”. 

Annulment procedures

The annulment will take effect one month from the date on which the board decided to annul the enrolment.

Immediately after annulling an enrolment, the board must

(a) advise the student’s parents, in writing, of the date of the annulment and the date on which it takes effect; and

(b) advise the Secretary (by contacting the relevant Ministry office) of the name of the student and the date of the annulment.

If parents continue to dispute the board’s ruling, they should be advised that they can apply to the Secretary for directed enrolment under Section 11P(1).