The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under sections 88B, 88C, 88E, 88F, 88H, 88K, 88M, 88N, 88O, 88Q, 92, 100, 102, and 138(7) of the School Standards and Framework Act 1998 (“SSFA 1998”), and section 29(5) of the Education Act 1996, and come into force on 1st February 2012 primarily in relation to admission arrangements for maintained schools for the academic year 2013-2014 and subsequent years (but see chapter 6 below and Part 3 below).

They consolidate, with amendments, the School Admissions (Admission Arrangements) (England) Regulations 2008, the School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008, and the School Admissions (Local Authority Reports and Admission Forums) (England) Regulations 2008, which are all revoked by these Regulations.

Part 2 prescribes matters in relation to the content of the admission arrangements determined by admission authorities each year; the proportion of selective admissions (regulation 5); the prescribed subjects for selection by aptitude (regulation 6); and the priority to be given to looked after children (children in the care of a local authority) (regulations 7 to 11). Looked after children have to be looked after at the time of their application to the school if they are to receive priority (regulation 7). Schools with pre-existing selection arrangements (regulation 10) that admit applicants by ranking them according to their test score are not required to prioritise looked after children above those admitted in this way. Where such schools admit by reference to a pre-set standard, any looked after child who meets that standard must receive priority. Looked after children must be prioritised above any children who are admitted without reference to ability or aptitude in these schools.

Chapter 3 sets out the requirements on admission authorities when they consult on their admission arrangements, including persons or bodies that have to be consulted (regulation 12) and matters to which consultation is to relate (regulation 13). There is a new provision (regulation 14) that exempts schools that are their own admission authorities from having to consult on a proposal to increase or to keep the same admission number (the number of pupils they intend to admit). Admission authorities which are the local authority (for community and voluntary controlled schools) are required to consult the school’s governing body where they propose to increase or keep the same number. The period over which a consultation is not required when there has been no change to the admission arrangements is increased from 3 to 7 years (regulation 15). An increase to the admission number or a change made to comply with a mandatory requirement of the School Admissions Code or these Regulations is not a change that would require a consultation (a local authority, as admission authority, would consult the governing body of community or voluntary controlled school if they proposed an increase to the number as set out above). During a consultation admission authorities are required to publish their proposed admission arrangements on their website where they have one, and send copies on request to the people or bodies listed in regulation 12 (regulation 16). Consultation must last at least 8 weeks and be completed by 1st March. For admission arrangements for academic year 2014-2015 and subsequent years consultation must commence no earlier than 1st November 2012 (regulation 17).

Chapter 4 prescribes the publication of information about local schools’ admission arrangements by the local authority which includes the requirement that all local authorities publish a notice explaining the right to refer an objection to the adjudicator (regulation 18).

Chapter 5 prescribes certain matters in relation to the variation of admission arrangements after they have been determined, including: the circumstances in which admission authorities are authorised to make necessary variations (regulation 19) and that a variation to increase the admission number is not required to be referred to the adjudicator (regulation 20).

Chapter 6 prescribes matters in relation to the referral to the schools adjudicator of objections to admission arrangements. It applies to referrals in relation to arrangements for maintained schools and Academies. Objections that may not be referred include an objection regarding a decision to increase or keep the same admission number (though in relation to community and voluntary controlled schools the governing body, where it is not the admission authority, may object to an increase or no change to its admission number) and an objection to an agreement between the Secretary of State and the proprietor of an Academy that the admission arrangements for an Academy may vary from the School Admissions Code in an Academy’s funding agreement (Academy arrangement) (regulation 21). Provision is made restricting the referral of an objection regarding the same or substantially the same issue at a maintained school or Academy that has already been determined by the adjudicator within a two year period for that maintained school or Academy (regulation 22); for time limits for objections (regulation 23); for prohibiting anonymous objections (regulation 24); and requiring the information listed (in Schedule 1) to be provided by an admission authority when requested by the adjudicator (regulation 25).

Part 3 deals with co-ordination of admission arrangements. Local authorities, with the exception of the Council of the Isles of Scilly, are required to formulate qualifying schemes (as described in Schedule 2) to co-ordinate arrangements for the admission of pupils to maintained schools in their area, so that parents apply to their home local authority (irrespective of where the school might be) and receive one offer of a school place (regulation 26). Part 3 applies in relation to arrangements for admission in the academic year 2014-2015 and subsequent years, and a scheme adopted under the School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008 for admissions in September 2012 and 2013 will continue to have effect except in relation to 2013 the extent that it relates to in-year admissions (regulation 31).

The qualifying scheme will co-ordinate the applications made in the course of a normal admission round (applications for a normal year of entry, made according to the annual timetable for applying to primary and secondary schools) and late applications (applications for the normal year of entry, made outside the course of a normal admission round but before the first school day of the academic year). There is no requirement to co-ordinate in-year applications for 2013 and subsequent years. Provision is made for the actions to be taken by the local authority in formulating a scheme, including consultation where the qualifying scheme is substantially different to the scheme adopted for the previous academic year or where it is 7 years since the last consultation (regulation 27); for a local authority to inform the Secretary of State whether they have secured the adoption of a qualifying scheme by 15th April (regulation 28); and for the Secretary of State to impose a scheme if no such qualifying scheme has been adopted (regulation 29). Regulation 30 prescribes 1st March for secondary schools and 16th April for primary schools as the dates (the offer date) on which an offer must be sent to a parent regarding their child’s primary or secondary school place. Sections 496 and 497 of the Education Act 1996 are applied to a local authority or a governing body as if any obligations imposed under a qualifying scheme were imposed under that Act (regulation 32).

Part 4 provides that a clerk to an appeal panel is a relevant person for the purposes of section 88Q of the SSFA 1998 (a person who must provide information to a local authority if requested by the local authority) (regulation 33), and the persons or bodies representative of the religion or religious denomination for schools designated as having a religious character (regulation 34 and Schedules 3 and 4).