C57Part III School admissions

Annotations:
Modifications etc. (not altering text)

C57Chapter I Admission arrangements

Code F84for school admissions

Annotations:
Amendments (Textual)
F84

Words in s. 84 cross-heading substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(7), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

C1C21C3784 Code F85for school admissions.

1

The Secretary of State shall issue, and may from time to time revise, F78a code for school admissions containing such provision as he thinks appropriate in respect of the discharge by—

a

F200local authorities,

b

the governing bodies of maintained schools,

F79ba

admission forums,

c

appeal panels, and

d

adjudicators,

of their respective functions under this Chapter.

2

The code may F80impose requirements, and may include guidelines setting out aims, objectives and other matters, in relation to the discharge of their functions under this Chapter by F200local authorities and such governing bodies.

C553

It shall be the duty of—

a

each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and

b

any other person when exercising any function for the purposes of the discharge by a F199local authority, or the governing body of a maintained school, of functions under this Chapter,

F81to act in accordance with any relevant provisions of the code.

4

The Secretary of State shall publish the code as for the time being in force.

5

The Secretary of State may under subsection (1)—

a

make separate provision (by means of separate codes F82...) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection;

b

make different provision for England and for Wales (whether or not by means of separate codes F82...);

and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code F82..., as references to that code or to functions under this Chapter to which it relates (as the case may be).

C26

In this Chapter—

  • admission arrangements” and “the admission authority” have the meaning given by section 88;

  • F83admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;

  • appeal panel” means a panel constituted F18in accordance with regulations under section 94(5) or 95(3) for the purpose of hearing an appeal under this Chapter;

  • F192child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales;

  • maintained school” means a community, foundation or voluntary school;

  • F30...

F447

In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.

85F87Making and approval of code for school admissions.

1

Where the Secretary of State proposes to issue or revise a code F86... under section 84, he shall prepare a draft of the code (or revised code).

2

The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.

3

If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament.

4

If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.

P1P2P3P4P5P6P75

If no such resolution is made within the 40-day period, the Secretary of State shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Secretary of State may by order appoint.

6

Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament.

7

In this section “40-day period”, in relation to the draft of a proposed code, means—

a

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

b

in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

F647A

In the case of a code issued or revised by the Welsh Ministers, subsection (7) (as modified by paragraph 33 of Schedule 11 to the Government of Wales Act 2006) has effect as if the reference to any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days were to any period during which the National Assembly for Wales is dissolved or is in recess for more than four days.

8

In this section references to a proposed code include a proposed revised code.

F4Admission forums

Annotations:
Amendments (Textual)
F4

S. 85A cross-heading inserted (20.1.2003 for E., 1.12.2003 for W.) by Education Act 2002 (c. 32), ss. 46, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 4, Sch. Pt. I

C22F6C3885A Admission forums

1

A F199local authorityF202in Wales shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—

a

advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, F203and

b

advising the admission authorities for maintained schools in the area for which the forum is established on—

i

such matters connected with the determination of admission arrangements, and

ii

such other matters connected with the admission of pupils,

as may be prescribed F57, F204...

F204c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2051A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2051B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2051C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The authority may establish sub-committees of the forum.

3

Regulations may make provision—

a

as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,

b

as to the manner in which advice is to be given by a forum, F58...

F59ba

F206... and

c

as to the establishment by F200local authorities of joint admission forums.

F2073A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.

5

The F199local authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.

F2085A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2085B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20985B Functions of admission forums in relation to Academies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parental preferences

C3C23C30C31C39C47C5286 Parental preferences.

C4C51

A F199local authority shall make arrangements for enabling the parent of a child in the area of the authority—

a

to express a preference as to the school at which he wishes education to be provided for his child in the exercise of the authority’s functions, and

b

to give reasons for his preference.

F1761ZA

Subsection (1) does not apply in relation to—

a

sixth form education, or

b

any other education to be provided for a child who—

i

has ceased to be of compulsory school age, or

ii

will have ceased to be of compulsory school age before the education is provided for him.

F601A

A F199local authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).

C52

Subject to F177subsection (3) and section 87 (children excluded from two or more schools), F67the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under subsection (1).

F112A

Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.

3

The duty imposed by subsection (2) does not apply—

a

if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources; F12or

b

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

if the arrangements for admission to the preferred school—

i

are wholly based on selection by reference to ability or aptitude, and

ii

are so based with a view to admitting only pupils with high ability or with aptitude,

and compliance with the preference would be incompatible with selection under those arrangements.

F1783A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1793B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

For the purposes of subsection (3)(a) prejudice of the kind referred to in that provision may arise by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) (duty of F199local authority and governing body to comply with limit on infant class sizes).

C50F325

No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section F18088C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.

C505A

Those conditions are—

a

that the school is one at which boarding accommodation is provided for pupils; and

b

that the determination under section F18188C or 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in F182section 88D(2)(a) and (b) or 89A(2)(a) and (b).

C505B

Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following—

a

the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section F18388C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;

b

the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section F18488C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.

F316

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Where the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, a parent who makes such an application shall be regarded for the purposes of this section as having expressed a preference for that school in accordance with arrangements made under subsection (1).

8

The duty imposed by subsection (2) in relation to a preference expressed in accordance with arrangements made under subsection (1) shall apply also in relation to—

a

any application for the admission to a maintained school of a child who is not in the area of the authority maintaining the school, and

b

any application made by a parent as mentioned in section 438(4) or 440(2) of the M1Education Act 1996 (application for a particular school to be named in a school attendance order);

and references in F185subsection (3) to a preference and a preferred school shall be construed accordingly.

9

Where admission arrangements for a school F13, F186..., provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of this section to be wholly based on selection by reference to ability or aptitude, whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.

86AF162Preferences relating to sixth-form education: F199local authority arrangements

1

A F199local authority shall make arrangements for enabling—

a

a child in the authority's area to express a preference as to the school at which he wishes sixth form education to be provided for him in the exercise of the authority's functions,

b

a parent of such a child to express a preference as to the school at which he wishes sixth form education to be so provided for his child,

c

a relevant child to express a preference as to the school at which he wishes education other than sixth form education to be provided for him in the exercise of the authority's functions, and

d

a parent of such a child to express a preference as to the school at which he wishes such education to be so provided for his child,

and, in each case, for enabling the person expressing the preference to give reasons for his preference.

2

In subsection (1), “relevant child”, in relation to a F199local authority and any education, means a child in the authority's area who—

a

has ceased to be of compulsory school age, or

b

will have ceased to be of compulsory school age before the education in question is provided for him.

3

Arrangements made under subsection (1) shall allow—

a

a person who is to be able to express a preference under any of paragraphs (a) to (d) of that subsection to express preferences for more than one school;

b

preferences to be expressed, in relation to a child, by both the child and a parent of his.

4

Where—

a

the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, and

b

a child (whether or not in the area of the authority maintaining the school) or his parent makes such an application,

that person shall be regarded for the purposes of this Chapter as having expressed a preference for that school in accordance with arrangements made under subsection (1).

86BDuty in relation to preferences expressed under section 86A: admission authorities of maintained schools

1

Subject to subsections (2) and (4) and section 87, the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under section 86A(1).

2

The duty imposed by subsection (1) does not apply if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources.

3

Subsections (5) to (5B) of section 86 apply for the purpose of determining whether any prejudice should be taken to arise for the purposes of subsection (2), but with the substitution of references to that subsection for references to subsection (3)(a) of section 86.

4

The duty imposed by subsection (1) does not apply in a case where a preference is expressed in relation to sixth form education if—

a

the relevant selection arrangements for the preferred school are wholly based on selection by reference to ability or aptitude, and

b

compliance with the preference would be incompatible with selection under those arrangements.

5

Where the relevant selection arrangements for a school provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of subsection (4)(a) to be wholly based on selection by reference to ability or aptitude whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.

6

In this section “the relevant selection arrangements”, in relation to a school, means—

a

the arrangements for admission to the school for sixth form education, or

b

those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school.

C6C24C4087 No requirement to admit children permanently excluded from two or more schools.

1

The F187duties imposed by section 86(2) and section 86B(1) do not apply in the case of a child to whom subsection (2) below applies.

2

Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

3

Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.

F2493A

A child who has been permanently excluded from a school in England shall not be treated for the purposes of this section as having been so excluded if any of the following applies—

a

the child was reinstated as a pupil at the school following a direction from the responsible body—

i

in accordance with regulations under subsection (3)(b) of section 51A of the Education Act 2002;

ii

following a recommendation from the review panel that the responsible body reconsiders the matter under subsection (4)(b) of that section;

b

the child would have been reinstated as a pupil at the school following a direction from the responsible body as described in paragraph (a)(i) or (ii), if it had been practical for the responsible body to give such a direction;

c

the review panel has quashed a decision of the responsible body not to reinstate the child as a pupil at the school under subsection (4)(c) of section 51A of the Education Act 2002;

d

the child was so excluded at a time when the child had not attained compulsory school age.

3B

In subsection (3A) “the responsible body” has the same meaning as in section 51A of the Education Act 2002.

F74

F250... A child who has been permanently excluded from a school F251in Wales shall not be treated for the purposes of this section as having been so excluded if—

a

he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,

b

on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—

i

that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but

ii

that it would otherwise have been appropriate to give such a direction, or

c

he was so excluded at a time when he had not attained compulsory school age.

4A

In subsection (4) “the relevant authority” means—

a

the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or

b

a panel constituted in accordance with regulations under subsection (3)(c) of that section.

5

In this section “school” means—

a

in relation to any time before or after the appointed day, a school maintained by a F199local authority; or

b

in relation to any time before the appointed day, a grant-maintained or grant-maintained special school within the meaning of the M2Education Act 1996.

6

For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.

7

Nothing in this section applies to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after 1st September 1997.

Admission arrangements

C788 Admission authorities and admission arrangements.

1

In this Chapter “the admission authority”—

a

in relation to a community or voluntary controlled school, means—

i

the F199local authority, or

ii

where with the governing body’s agreement the authority have delegated to them responsibility for determining the admission arrangements for the school, the governing body; F210...

b

in relation to a foundation or voluntary aided school, means the governing body F211; and

c

in relation to an F240Academy school, means the proprietor of the F240Academy school.

F661A

Where the admission authority for a community or voluntary controlled school is the F199local authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

1B

Subsection (1A) does not affect—

a

any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

b

any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

c

the application of section 101(2A) or section 109(2).

2

In this Chapter “admission arrangements”, in relation to a F212... school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.

F138Admission arrangements: England

Annotations:

88AF71Prohibition on interviews

1

No admission arrangements for a maintained school F141in England may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

2

If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

3

Where the admission arrangements for a maintained school F142in England make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

4

In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).

88BF137Admission arrangements relating to children looked after by local authority

1

Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements such provision relating to the admission of children who are looked after by a local authority in England as may be prescribed.

2

Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children.

88CProcedure for determining admission arrangements

1

The admission authority for a maintained school in England must, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year.

2

The admission authority must, before determining the admission arrangements that are to apply for a year, carry out such consultation about the proposed arrangements as may be prescribed.

3

Regulations under subsection (2) may in particular make provision—

a

specifying persons who must be consulted, or who must be consulted about prescribed provisions of proposed arrangements;

b

specifying provisions of proposed arrangements about which any such consultation is to be carried out;

c

specifying matters to which any such consultation is, or is not, to relate;

d

as to the manner in which, and the time by which, any such consultation is to be carried out.

4

When the admission authority have determined the admission arrangements that are to apply for a year, they must notify the appropriate bodies of those admission arrangements.

5

Regulations may make provision—

a

as to the manner in which, and the time by which, any such notification is to be given;

b

specifying cases in which subsection (4) does not apply.

88DDetermination of admission numbers

1

A determination under section 88C by the admission authority for a maintained school in England of the admission arrangements which are to apply for a school year must include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.

2

Such a determination under section 88C may also, if the school is one at which boarding accommodation is provided for pupils, include—

a

a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and

b

a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders.

3

Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to—

a

any prescribed method of calculation, and

b

any other prescribed matter.

4

References in this section to the determination of any number include references to the determination of zero as that number.

88EVariation of admission arrangements

1

Subsection (2) applies where an admission authority—

a

have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, but

C56b

at any time before the end of that year consider that the arrangements should be varied in view of a major change in circumstances occurring since they were so determined.

2

The authority must—

a

refer their proposed variations to the adjudicator, and

b

notify the appropriate bodies of the proposed variations.

3

Subsection (2)(a) does not apply in a case where the authority's proposed variations fall within any description of variations prescribed for the purposes of this subsection.

4

Where the F199local authority are the admission authority for a community or voluntary controlled school, they must consult the governing body before making any reference under subsection (2)(a).

5

On a reference under subsection (2)(a), the adjudicator must consider whether the admission arrangements should have effect with the proposed variations until the end of the school year in question.

6

If the adjudicator determines—

a

that the arrangements should so have effect, or

b

that they should so have effect subject to such modification of those variations as the adjudicator may determine,

the arrangements are to have effect accordingly as from the date of the adjudicator's determination.

7

Where the adjudicator makes a determination under subsection (6), the admission authority must notify the appropriate bodies of the variations subject to which the arrangements are to have effect.

8

Regulations may make provision—

a

as to the manner in which, and the time by which, any such notification is to be given;

b

specifying cases in which subsection (7) does not apply.

9

Regulations may make provision—

a

specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (1)(b);

b

authorising an admission authority, where they have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, to vary those arrangements to such extent or in such circumstances as may be prescribed;

c

for the application of any of the requirements of, or imposed under, subsections (2) to (8) to variations proposed to be made by virtue of paragraph (b), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (1).

88FSections 88C to 88E: supplementary

1

Regulations may make provision—

a

requiring an admission authority who have made a determination of a prescribed description under section 88C to publish such information relating to the determination (including information as to the authority's reasons for making the determination) as may be prescribed;

b

as to such other matters connected with the procedure for determining or varying admission arrangements under sections 88C to 88E as the Secretary of State considers appropriate.

2

The power under paragraph (a) of subsection (1) to require an admission authority to publish information includes power to require them to publish it—

a

by giving a notice containing the information to prescribed persons, or

b

in any other prescribed manner.

3

In sections 88C and 88E, the “appropriate bodies”, in relation to an admission authority, means—

a

whichever of the governing body and the F199local authority are not the admission authority,

b

the admission authorities for all other maintained schools in the relevant area or for such class of schools as may be prescribed;

c

the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)),

d

the admission authorities for maintained schools in England of any prescribed description,

e

in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed,

f

F213... and

g

such other persons as may be prescribed.

4

In subsection (3), “the relevant area” means—

a

the area of the F199local authority in which the school in question is situated, or

b

if regulations so provide, such other area in England (whether more or less extensive than the area of the F199local authority) as may be determined by or in accordance with the regulations.

88GPower to restrict alteration of admission arrangements following establishment or expansion

1

Subsection (2) applies in relation to a maintained school in England where—

a

proposals for the establishment of, or the making of a prescribed alteration to, the school have been published under Part 2 of the Education and Inspections Act 2006 or under section 113A of, or Schedule 7 to, the Learning and Skills Act 2000,

b

in the case of proposals for the making of a prescribed alteration to the school, the proposals are for an increase in the number of pupils that may be admitted to the school or for an enlargement of the premises,

c

the proposals fall to be implemented (with or without modifications), and

d

prescribed conditions are satisfied.

2

Regulations may provide that, where this subsection applies in relation to a maintained school—

a

the admission arrangements for the initial period and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified), and

b

those arrangements may not be varied by the admission authority for the school except—

i

to comply with any duty imposed on them by regulations under section 88B, or

ii

in accordance with regulations under subsection (5).

3

Regulations under subsection (2) may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which the regulations apply.

4

Regulations under subsection (2) may provide that in cases to which the regulations apply the admission arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified) are to be treated for the purposes of section 86(5) to (5B) as having been determined by the admission authority under section 88C.

5

Regulations may prescribe circumstances in which an admission authority may refer to the adjudicator proposals to vary admission arrangements in cases to which regulations under subsection (2) apply.

6

Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (5).

7

In this section—

  • initial period” means—

    1. a

      in relation to a maintained school which is being established, the period beginning with the day on which the school opens and ending with the beginning of the first school term to begin after the following July;

    2. b

      in relation to a maintained school which is increasing the number of pupils that may be admitted to the school or enlarging its premises, the period beginning with the first day on which additional pupils may be admitted or (as the case may be) the enlarged premises are in use and ending with the beginning of the first school term to begin after the following July;

  • prescribed alteration” means an alteration prescribed for the purposes of section 18 of the Education and Inspections Act 2006.

88HReference of objections to adjudicator

1

This section applies where admission arrangements have been determined by an admission authority for a maintained school in England under section 88C.

F2141A

This section also applies where admission arrangements for F241an Academy school have been determined by the proprietor of F241an Academy school under Academy arrangements.

2

Where—

a

F215a body or person wishes to make an objection about the admission arrangements, and

b

the objection does not fall within any description of objections prescribed for the purposes of this paragraph,

that F216body or person may refer the objection to the adjudicator.

F2173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

On a reference under subsection (2) F218... the adjudicator must decide whether, and (if so) to what extent, the objection should be upheld.

5

Regulations may make provision—

a

as to any conditions which must be satisfied before—

i

an objection can be referred to the adjudicator under subsection (2) F219..., or

ii

the adjudicator is required to determine an objection referred to him under subsection F220(2);

b

as to circumstances in which the adjudicator is not required to determine an objection under subsection (4);

c

prescribing the steps which may be taken by an admission authority where an objection has been referred to the adjudicator under subsection (2) F221... but has not yet been determined.

d

prohibiting or restricting the reference under subsection (2) F222..., within such period following a decision by the adjudicator under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question.

F2236

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88IOther functions of adjudicator relating to admission arrangements

1

This section applies where admission arrangements have been determined F224

a

by an admission authority for a maintained school in England under section 88C F225, or

b

by an admission authority for an F242Academy school.

2

Where it appears to the Secretary of State that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements, the Secretary of State may refer the admission arrangements to the adjudicator.

3

Subsection (4) applies where—

a

the Secretary of State refers the admission arrangements to the adjudicator under subsection (2), F226...

F226b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The adjudicator must—

a

consider the admission arrangements, and

b

decide whether they conform with those requirements and, if not, in what respect they do not.

5

Where it appears to the adjudicator that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements (and subsection (4) does not apply)—

a

the adjudicator may consider the admission arrangements, and

b

if the adjudicator considers the arrangements under paragraph (a), the adjudicator must decide whether they conform with those requirements and, if not, in what respect they do not.

6

Regulations may make provision prescribing the steps which may be taken by an admission authority where the adjudicator—

a

is considering the authority's admission arrangements under subsection (4)(a) or (5)(a), but

b

has not yet made a decision in the case under subsection (4)(b) or (5)(b) (as the case may be).

F22788JChanges to admission arrangements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88KSections 88H F201and 88I: supplementary

1

Subsection (2) applies to any decision of the adjudicator—

a

under section 88H(4) on whether to uphold an objection to admission arrangements, F228or

b

under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements, F229...

F229c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Any decision of the adjudicator to which this subsection applies is binding on—

a

the admission authority in question, and

F233b

any other person or body.

F2303

Where the adjudicator makes a decision mentioned in subsection (1), the adjudicator must publish a report containing—

a

the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements, and

b

the reasons for that decision.

4

Regulations may make provision—

a

requiring an admission authority for a maintained school in England F234or an F243Academy school to provide information which—

i

falls within a prescribed description, and

ii

is requested by the adjudicator for the purposes of the exercise by the adjudicator of functions under sections 88H F231, 88I or this section or of enabling the adjudicator to decide whether to exercise the power conferred by section 88I(5);

b

as to the manner in which a report required to be published under subsection (3) is to be published;

c

requiring such matters to be notified to such persons, and in such manner, as may be prescribed;

d

prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator relating to the admission arrangements for another school, and the procedure to be followed in such a case.

5

In F232section 88I and this section “the requirements relating to admission arrangementsF235means—

a

in relation to a maintained school, the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England, and

b

in relation to F244an Academy school, the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.

F23688LRestriction on alteration of admission arrangements following adjudicator's decision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88MCo-ordination of admission arrangements

1

Regulations may require a F199local authority in England—

a

to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and

b

to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.

2

Subject to subsection (3), the Secretary of State may make, in relation to the area of a F199local authority in England and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.

3

A scheme may not be made under subsection (2) in relation to a F199local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—

a

a scheme formulated by the F199local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and

b

the authority provide the Secretary of State with a copy of the scheme and inform the Secretary of State that the scheme has been so adopted.

4

Regulations may provide—

a

that each F199local authority in England must secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school is to be communicated to the parent of the child except on a single day, designated by the F199local authority, in each year, or

b

that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school in England to offer or refuse a child admission to the school is not to be communicated to the parent of the child except on a prescribed day.

5

In this section

  • academic year” means a period commencing with 1st August and ending with the next 31st July;

  • qualifying scheme” means a scheme that meets prescribed requirements.

6

Nothing in this section applies in relation to arrangements for the admission to maintained schools of pupils—

a

who—

i

have ceased to be of compulsory school age, or

ii

will have ceased to be of compulsory school age before education is provided for them at the school, or

b

for the purpose of receiving sixth form education.

88NFurther provision about schemes adopted or made by virtue of section 88M

1

Regulations may make provision about the contents of schemes under section 88M(2), including provision about the duties that may be imposed by such schemes on—

a

F200local authorities in England, and

b

the admission authorities for maintained schools in England.

2

Regulations may provide that where a F199local authority in England or the governing body of a maintained school in England have, in such manner as may be prescribed, adopted a scheme formulated by a F199local authority for the purpose mentioned in section 88M(1)(a), sections 496 and 497 of the Education Act 1996 are to apply as if any obligations imposed on the F199local authority or governing body under the scheme were duties imposed on them by that Act.

3

Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in England falls to be made in prescribed circumstances, the decision must, if a scheme adopted or made by virtue of section 88M so provides, be made by the F199local authority regardless of whether they are the admission authority for the school.

4

Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the F199local authority although they are not the admission authority, the governing body of the school must implement the decision.

5

Before proposing a scheme for adoption under section 88M(1) a F199local authority must comply with such requirements as to consultation as may be prescribed.

6

Regulations under subsection (5) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different F200local authorities are, so far as is reasonably practicable, compatible with each other.

7

Before making a scheme under section 88M(2) in relation to the area of any F199local authority, the Secretary of State must consult—

a

the F199local authority, and

b

any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.

8

A scheme made under section 88M(2) may be varied or revoked by the Secretary of State.

88OSharing of information by F200local authorities

The Secretary of State may by regulations require F200local authorities in England to provide other F200local authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.

88PReports by F200local authorities to adjudicator

1

A F199local authority in England must make such reports to the adjudicator about such matters connected with relevant school admissions as may be F237required by the code for school admissions.

2

In subsection (1) “relevant school admissions”, in relation to a F199local authority, means—

a

the admission of pupils to relevant schools in the authority's area;

b

the admission of pupils in the authority's area to other relevant schools;

c

the entry to the sixth form of pupils who have been admitted to relevant schools in the authority's area; and

d

the entry to the sixth form of pupils in the authority's area who have been admitted to other relevant schools.

3

In this section, “relevant school” means—

a

a maintained school,

b

an F245Academy school,

c

a city technology college, or

d

a city college for the technology of the arts.

F2384

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2385

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88QReports under section 88P: provision of information

1

A relevant person must, on request, provide a F199local authority in England with such information as the authority may reasonably require for the purpose of enabling the authority to fulfil their duties under section 88P.

2

In subsection (1), “relevant person”, in relation to a F199local authority, means—

a

an admission authority (other than the F199local authority) for a maintained school in the area of the F199local authority;

F239b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

any member of an appeal panel constituted under section 94 by—

i

the F199local authority, or

ii

the governing body of a foundation or voluntary aided school in the area of the F199local authority;

d

the proprietor of—

i

an F246Academy school,

ii

a city technology college, or

iii

a city college for the technology of the arts,

in the area of the F199local authority;

e

any other F199local authority in England;

f

such other person as may be prescribed.

F139Admission arrangements: Wales

Annotations:
Amendments (Textual)

88RProhibition on interviews

1

No admission arrangements for a maintained school in Wales may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

2

If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

3

Where the admission arrangements for a maintained school in Wales make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

4

In this section “permitted form of selection by aptitude” is to be read in accordance with section 99(4).

I1C889 Procedure for determining admission arrangements.

C46C511

The admission authority for a maintained school F89in Wales shall, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year.

F901ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F911A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C45C49F332

Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely—

a

whichever of the governing body and the F199local authority are not the admission authority,

b

the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed,

c

the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), F72...

d

the admission authorities for maintained schools of any prescribed description; F73and

e

in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.

C45C492A

Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if—

a

the admission authority are the school’s governing body, and

b

prescribed conditions are satisfied in relation to that year.

C45C493

In subsection (2) “the relevant area” means—

a

the area of the F199local authority; or

b

if regulations so provide, such other area (whether more or less extensive than the area of the F199local authority) as may be determined by or in accordance with the regulations.

C45C494

Once the admission authority have carried out any such consultation, the authority shall—

a

determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the admission arrangements for the school year in question; and

b

(except in such cases as may be prescribed) notify the F34appropriate bodies of those admission arrangements.

C33C45C495

Where an admission authority—

a

have in accordance with subsection (4) determined the admission arrangements which are to apply for a particular school year, but

b

at any time before the end of that year consider that the arrangements should be varied in view of a major change in circumstances occurring since they were so determined,

the authority shall (except in a case where their proposed variations fall within any description of variations prescribed for the purposes of this subsection) refer the proposed variations to F92the Welsh Ministers, and shall (in every case) notify the F34appropriate bodies of the proposed variations.

C33C45C496

F93The Welsh Ministers shall consider whether the arrangements should have effect with those variations until the end of that year; and if F94they determine that the arrangements should so have effect or that they should so have effect subject to such modification of those variations as F95they may determine

a

the arrangements shall have effect accordingly as from the date of F96their determination; and

b

the admission authority shall (except in such cases as may be prescribed) notify the F35appropriate bodies of the variations subject to which the arrangements are to have effect.

F977

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C45C498

Regulations may make provision—

a

specifying matters to which any consultation required by subsection (2) is, or is not, to relate;

b

as to the manner in which, and the time by which, any such consultation is to be carried out;

c

as to the manner in which, and the time by which, any notification required by this section is to be given;

d

specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (5)(b);

e

authorising an admission authority, where they have in accordance with subsection (4) determined the admission arrangements which are to apply for a particular school year, to vary those arrangements to such extent or in such circumstances as may be prescribed;

f

for the application of any of the requirements of subsections (5) and (6) to variations proposed to be made by virtue of paragraph (e), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (5);

F36fa

requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;

g

as to such other matters connected with the procedure for determining or varying admission arrangements under this section as F98the Welsh Ministers consider appropriate.

C45C49F378A

The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it—

a

by giving a notice containing the information to prescribed persons, or

b

in any other prescribed manner.

C45C49F389

Where the F199local authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).

C45C49F6110

In this section, “the appropriate bodies”, in relation to an admission authority, means—

a

the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, F100...

F99b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89AF25 Determination of admission numbers

1

A determination under section 89 by the admission authority for a maintained school F101in Wales of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.

2

Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include—

a

a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and

b

a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders.

3

Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school F102in Wales to have regard, in making any such determination, to—

a

any prescribed method of calculation, and

b

any other prescribed matter.

4

References in this section to the determination of any number include references to the determination of zero as that number.

C25C4189BF26 Co-ordination of admission arrangements

1

Regulations may require a F199local authorityF143in Wales

a

to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and

b

to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.

2

Subject to subsection (3), F144the Welsh Ministers may make, in relation to the area of a F199local authorityF145in Wales and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.

3

A scheme may not be made under subsection (2) in relation to a F199local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—

a

a scheme formulated by the F199local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and

b

the authority provide F146the Welsh Ministers with a copy of the scheme and inform F147them that the scheme has been so adopted.

4

F148The Welsh Ministers may by regulations require F200local authoritiesF149in Wales to provide other F200local authorities with such information as may be required by F150such other authorities in connection with the exercise of any of their functions under this Chapter.

5

Regulations may provide—

a

that each F199local authorityF151in Wales shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the F199local authority, in each year, or

b

that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school F152in Wales to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.

6

In this section—

  • academic year” means a period commencing with 1st August and ending with the next 31st July;

  • qualifying scheme” means a scheme that meets prescribed requirements.

F1887

Nothing in this section applies in relation to arrangements for the admission to maintained schools in Wales of pupils—

a

who—

i

have ceased to be of compulsory school age, or

ii

will have ceased to be of compulsory school age before education is provided for them at the school, or

b

for the purpose of receiving sixth form education.

C26C4289C Further provision about schemes adopted or made by virtue of section 89B

1

Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—

a

F200local authoritiesF153in Wales, and

b

the admission authorities for maintained schools F154in Wales.

2

Regulations may provide that where a F199local authorityF155in Wales or the governing body of a maintained school F156in Wales have, in such manner as may be prescribed, adopted a scheme formulated by a F199local authority for the purpose mentioned in section 89B(1)(a)F252

a

Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts.

b

Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function.

3

Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school F157in Wales falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made F68by virtue of section 89B so provides, be made by the F199local authority regardless of whether they are the admission authority for the school.

F693A

Where any decision as to whether a child is to be granted or refused admission to a maintained school F158in Wales is (by virtue of regulations under subsection (3)) made by the F199local authority although they are not the admission authority, the governing body of the school must implement the decision.

4

Before proposing a scheme for adoption under section 89B(1) a F199local authority shall comply with such requirements as to consultation as may be prescribed.

5

Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different F200local authorities are, so far as is reasonably practicable, compatible with each other.

6

Before making a scheme under section 89B(2) in relation to the area of any F199local authority, F159the Welsh Ministers shall consult—

a

the F199local authority, and

b

any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.

7

A scheme made under section 89B(2) may be varied or revoked by F160the Welsh Ministers.

F10389DPower to restrict alteration of admission arrangements following establishment or expansion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2C3590 Reference of objections to F104Welsh Ministers.

1

Where—

a

admission arrangements have been determined by an admission authority under section 89(4), but

F63b

an appropriate body wishes to make an objection about those arrangements, and

c

the objection does not fall within any description of objections prescribed for the purposes of this paragraph,

that body may refer the objection to F105the Welsh Ministers.

2

Where—

a

admission arrangements have been determined by an admission authority under section 89(4), but

b

any parent of a prescribed description wishes to make an objection about those arrangements, and

c

the objection falls within any description of objections prescribed for the purposes of this paragraph,

that person may refer the objection to F106the Welsh Ministers.

F1072A

Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.

F1083

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1084

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1085

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F655A

Where F109the Welsh Ministers are required by virtue of F110(2A) to decide whether to uphold an objection to admission arrangements, F111they may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not F111they would be required to do so for the purpose of determining the objection.

5B

In the case of any objection referred to F112them under this section, F113the Welsh Ministers must publish a report containing the following—

a

F114their decision on the objection,

b

any decision F117they have made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of F115their decision on the objection or otherwise,

F118c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F116their reasons for the decisions mentioned in paragraphs (a) F119and (b).

5C

Where F120the Welsh Ministers decide that it would be appropriate for changes to be made to the admission arrangements, F121their decision may specify the modifications that are to be made to the arrangements.

F746

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F747

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F75The decisions of F122the Welsh Ministers mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if F122the Welsh MinistersF123have decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.

9

Regulations may make provision—

a

as to any conditions which must be satisfied before—

i

an objection can be referred to F124the Welsh Ministers under subsection (1) or (2), or

ii

F125the Welsh MinistersF126are required to determine an objection referred to F126them under subsection (2);

b

prescribing the steps which may be taken by an admission authority where an objection has been referred to F127the Welsh Ministers under subsection (1) or (2) but has not yet been determined;

F128ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

as to the manner in which F76a report required to be published under subsection (5B) is to be published;

d

requiring such matters to be notified to such persons, and in such manner, as may be prescribed;

e

prohibiting or restricting the reference under subsection (1) or (2), within such period following a decision by F129the Welsh Ministers under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question;

f

prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by F130the Welsh Ministers relating to the admission arrangements for another school, and the procedure to be followed in such a case.

F7710

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6211

In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—

a

any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, F132...

F131b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90ZAF88Regulations by Welsh Ministers under sections 89 to 90

In sections 89 to 90—

  • prescribed” means prescribed by regulations made by the Welsh Ministers;

  • regulations” means regulations made by the Welsh Ministers.

F13390ARestriction on alteration of admission arrangements following adjudicator's decision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91 Special arrangements to preserve religious character of foundation or voluntary aided school.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140Publication of information about admissions: England and Wales

Annotations:

C27C9I3C43F2792 Publication of information about admissions.

Regulations may—

a

require the publication by a F199local authority of such information relating to admissions as may be prescribed,

b

require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed,

c

require or allow the publication by the governing body of any school maintained by a F199local authority, or by the F199local authority on behalf of the governing body, of such information relating to the school as may be prescribed, and

d

make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.

Admission numbers

F2893 Fixing admission numbers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission appeals

C10C11C12C13C28C32C44C48C53C57C5894C57 Appeal arrangements: general.

1

A F199local authority shall make arrangements for enabling F163the appropriate person to appeal against—

F164za

in a case where the F199local authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school,

a

F165any other decision made by or on behalf of the authority as to the school at which education is to be provided for F166a child in the exercise of the authority’s functions, other than a decision leading to or embodied in a direction under section 96 F45or 97A (directions for admission), and

b

F70in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority, any decision made by or on behalf of the governing body refusing F167a child admission to the school.

F191A

A F199local authority shall make arrangements for enabling F168the appropriate person in relation to a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

2

The governing body of a foundation or voluntary aided school shall make arrangements for enabling F169the appropriate person to appeal against any decision made by or on behalf of the governing body refusing F170a child admission to the school.

F202A

The governing body of a foundation or voluntary aided school shall make arrangements for enabling F171the appropriate person in relation to a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

F1722B

In this section, “the appropriate person”, in relation to a child, means—

a

in the case of a decision about sixth form education for the child any of the following—

i

the child;

ii

a parent of his;

iii

the child and a parent of his, acting jointly;

(but subject to regulations made under subsection (5A));

b

in any other case, a parent of the child.

3

Joint arrangements may be made under subsection (2) F21or (2A) by the governing bodies of two or more foundation or voluntary aided schools maintained by the same F199local authority.

4

A F199local authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority may make joint arrangements consisting of—

a

such of the arrangements made by the authority in pursuance of subsection (1) F22or (1A) as the authority may determine; and

b

arrangements made by the governing body or bodies in pursuance of subsection (2) F22or (2A).

F175

An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations.

5A

Regulations may make provision about the making of appeals pursuant to such arrangements, including provision—

a

as to the procedure on such appeals,

F173aa

in cases where separate appeals are made by a parent and a child against a decision about sixth form education for the child, for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with;

b

for the payment by the F199local authority of allowances to members of an appeal panel, and

c

as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned.

5B

This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section.

5C

Regulations made by virtue of subsection (5A)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) F247or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 to apply with prescribed modifications in relation to members of an appeal panel.

6

The decision of an appeal panel on an appeal F23pursuant to arrangements under this section shall be binding on—

a

the F199local authority or the governing body by whom or on whose behalf the decision under appeal was made, and

b

in the case of a decision made by or on behalf of a F199local authority, the governing body of a community or voluntary controlled school at which the appeal panel determines that a place should be offered to the child in question.

F1746A

In this section, any reference to a decision about sixth form education for a child is a reference to a decision—

a

made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for the child, or

b

refusing permission for the child to enter the sixth form of the school to which he has been admitted.

F1617

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C14C15C29C3495 Appeals relating to children to whom section 87 applies.

1

Nothing in section 94(1) or (2) requires any arrangements to be made for enabling F189the appropriate person to appeal against a decision—

a

made by or on behalf of the admission authority for a maintained school, and

b

refusing F190a child admission to the school,

in a case where, at the time when the decision is made, section 87(2) applies to the child.

F1911A

In subsection (1), “the appropriate person”, in relation to a child, has the same meaning as in section 94.

C16C542

Where a F199local authority are the admission authority for a community or voluntary controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 87(2) applies.

F462A

Subsection (2) does not apply in relation to a decision made by or on behalf of a F199local authority in England to admit to a school a child who is looked after by F196such an authority (provision for references to the adjudicator in relation to such a decision being made by section 95A).

F243

An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.

3A

Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—

a

requiring prescribed information to be given to governing bodies in prescribed circumstances,

b

as to the procedure on such appeals,

c

for the payment by the F199local authority of allowances to members of an appeal panel, and

d

as to the matters to which an appeal panel is to have regard in considering an appeal.

3B

Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) F248or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 to apply with prescribed modifications in relation to members of an appeal panel.

4

The decision of an appeal panel on an appeal made pursuant to arrangements under subsection (2) shall be binding on the F199local authority and the governing body.

95AF40References relating to looked after children to whom section 87(2) applies

1

This section applies where—

F197a

the admission authority for a community or voluntary controlled school in England is a local authority,

b

a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.

2

The F198admission authority must give notice of the decision to the governing body of the school.

3

The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.

4

A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

5

If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—

a

the decision to admit the child to the school shall cease to have effect, but

b

the adjudicator may determine that another maintained school in England is to be required to admit the child.

6

A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.

7

A determination under subsection (5)(b) may not be made if—

a

the child is permanently excluded from the other school, or

b

the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

8

If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—

a

the admission authority for the school shall admit the child to the school, and

b

if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.

9

Regulations may make provision—

a

requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;

b

requiring an admission authority for a maintained school to provide information which—

i

falls within a prescribed description, and

ii

is requested by the adjudicator for the purposes of any such determination.

Power to direct admission of child to school

C17C29C3496 Direction to admit child to specified school.

1

The F199local authority may give a direction under this section F14to the governing body of a school for which they are not the admission authority if, in the case of any child in their area, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—

a

he has been refused admission to the school, or

b

he is permanently excluded from the school.

2

A direction under this section shall specify a school—

a

which is a reasonable distance from the child’s home, and

b

from which the child is not permanently excluded.

3

A direction under this section shall, unless it is given on the determination of F47the appropriate authority (within the meaning of section 97) under section 97(4), specify a school in the area referred to in subsection (1).

F1933A

A direction under this section to admit a child shall not specify a school which has in place admission arrangements that make provision for selection by ability falling within section 99(2)(c) unless the child satisfies the selection criteria.

4

A direction under this section to admit a child shall not specify a school if his admission would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.

5

Where a school is specified in a direction under this section, the governing body shall admit the child to the school.

6

Subsection (5) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

7

In this section “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

8

In this section and F48sections 97 to 97Cschool” means a maintained school.

C18C29C3497 Procedure for giving direction under section 96.

1

Before deciding to give a direction under section 96, the F199local authority shall consult—

F194za

the child, in a case within subsection (1A);

a

the parent of the child, and

b

the governing body of the school they propose to specify in the direction.

F1951A

A case is within this subsection if—

a

the local authority are a local authority in England, and

b

the child is over compulsory school age.

2

Where the F199local authority decide to give such a direction specifying any school—

a

they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and

b

they shall not give the direction until the period for referring the matter to F49the appropriate authority under subsection (3) has expired and, if it is so referred, F49the appropriate authority has made F50its determination.

3

The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to F51the appropriate authority and, if they do so, shall inform the F199local authority.

F154

On a reference under subsection (3) F52the appropriate authority may determine which school is to be required to admit the child, and F53if it does so

a

where the F199local authority referred to in subsection (1) are the admission authority for that school, they shall—

i

admit the child to the school, and

ii

give notice in writing to the governing body and head teacher of the school of F54the appropriate authority's determination, and

b

in any other case, that school shall be specified in the direction.

5

F55The appropriate authority shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.

F166

A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the F199local authority to the head teacher of theschool.

F566A

In this section, “the appropriate authority” means—

a

in relation to a F199local authority in England, the adjudicator, and

b

in relation to a F199local authority in Wales, the Assembly.

97AF41Direction to admit looked after child to specified school

1

A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.

2

A direction under this section shall not specify a school from which the child is permanently excluded.

3

Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.

4

Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

97BProcedure for giving direction under section 97A

1

Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.

2

The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.

3

Where the local authority decide to give a direction under section 97A specifying a school—

a

they shall, before doing so, serve a notice in writing of their decision on—

i

the admission authority for the school,

ii

if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,

iii

if the school is maintained by a F199local authority who are not the authority proposing to give the direction and are not the admission authority, the F199local authority who maintain the school, and

iv

the head teacher of the school, and

b

they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.

4

The following persons—

a

the admission authority on whom a notice is served under subsection (3)(a)(i), and

b

in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),

may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.

5

A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

6

If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—

a

the local authority may not give a direction under section 97A that the school admit the child, but

b

the adjudicator may determine that another school in England is to be required to admit the child.

7

A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.

8

A determination under subsection (6)(b) may not be made if—

a

the child is permanently excluded from the other school, or

b

the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

9

If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—

a

if the local authority referred to in subsection (1) are the admission authority for that school they shall—

i

admit the child to the school, and

ii

give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and

b

in any other case, the local authority shall specify that school in their direction under section 97A.

10

A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.

97CF42Determinations under section 97 or 97B: supplemental

Regulations may make provision in relation to England—

a

requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;

b

requiring an admission authority for a school to provide information which—

i

falls within a prescribed description, and

ii

is requested by the adjudicator for the purposes of any such determination.

F43Looked after children in Wales

Annotations:
Amendments (Textual)
F43

S. 97D and cross-heading inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 52(1), 188(2)

97DPower of Assembly to make regulations about admission of looked after children

1

The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.

2

Regulations under subsection (1) may include provision requiring the admission authorities for such schools—

a

to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;

b

to admit looked after children in prescribed circumstances, subject to prescribed exceptions.

3

Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—

a

shall not apply in relation to looked after children;

b

shall apply in relation to such children with prescribed modifications.

Nursery and special schools, etc: children with statements

I4C19C20C2998 Admission for nursery education or to nursery or special school: children with statements of special educational needs.

1

Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.

C36F292

The admission of children to a school for nursery education shall be disregarded—

a

for the purposes of any determination under section F13488C or 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

b

in determining for the purposes of section F13588D or 89A what is a relevant age group in relation to a primary school.

3

Subject to subsection (4), nothing in this Chapter F9apart from subsections (4A) and (4B) applies in relation to—

a

nursery schools, or

b

children who will be under compulsory school age at the time of their proposed admission.

4

Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.

F84A

The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.

4B

Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

5

Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the F199local authority and the governing body of such a school of functions in connection with such arrangements.

6

Apart from section F292(c) and (d) and subsection (5) above, nothing in this Chapter applies in relation to special schools.

7

Subject to subsections (8) and (9), nothing in this Chapter applies in relation to children for whom statements of special educational needs are maintained under section 324 of the M3Education Act 1996.

8

Any provision made by, or (as the case may be) by virtue of, section 84 or F392(c) and (d) or this sectionF10, apart from subsections (4A) and (4B), applies, or (as the case may be) may be made so as to apply, in relation to such children.

F399

Such children shall, in addition, be taken into account for the purposes of—

a

the references in section 86(5), (5B) and (9) to a number of pupils, and

b

any determination under section F13688C or 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

10

In subsection (8) the reference to any provision made by this section includes a reference to subsection (4) only so far as it has effect for the purposes mentioned in subsection (9).

98AF175Meaning of “sixth form education” etc

1

In this Chapter, “sixth form education” means secondary education suitable to the requirements of pupils who are over compulsory school age.

2

References in this Chapter, in relation to a child who has been admitted to a school, to his entering the school's sixth form are to his being transferred to a class at the school in which sixth form education is provided from a class in which such education is not so provided.