AN office mix-up has dashed the hopes of a family which moved home so the children would be eligible for an elite school.

Dale and Mandy Cunningham moved from Kingswinford to a £250,000 house in Astley so their two sons would qualify to go to the Chantry School in Martley, one of the most successful high schools in the county. A disgruntled Mandy Cunningham with eldest son Rhyan, 12, and Luke, 10.

She has had to ask an education ombudsman to investigate a complaint of maladministration against Worcestershire County Council, which admits making a mistake over catchment areas and has led to the brothers being unable to continue their schooling together.

Eldest son Rhyan, 12, was allowed to attend the Chantry School despite the mix-up, but the Local Education Authority has ruled his younger brother Luke, 10, will not be able to attend the school in September.

Mrs Cunningham lost an appeal against the decision last week, and is hoping the intervention of the Ombudsman will help reverse the outcome.

She said: "Luke is at Astley CE Primary School at the moment and his work is suffering. He is terribly worried about not going to the same school as his brother, as he always has done.

"We have been given the complete run-around over this. A friend told us how good the Chantry was and we moved to the area after checking with the LEA our children would be able to go the preferred school.

"My investigations have also told me the 1998 Human Rights Act states a child has the right to go to the same school as a sibling. We will not take this decision lying down."

A LEA spokesman said the family knew there were no guarantees the youngsters would be given a Chantry place, but had agreed to grant Rhyan his after making a mistake by letter.

He added: "There have been 178 applications for 140 spaces from the families of youngsters wishing to go to the Chantry School in September.

"We did make an original mistake in a letter we sent out, but this has been explained and the rules are being followed as usual."