(1)Every local education authority shall make arrangements for enabling the parent of a child in the area of the authority 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 to give reasons for his preference.
(2)Subject to subsection (3) below, it shall be the duty of a local education authority and of the governors of a county or voluntary school to comply with any preference expressed in accordance with the arrangements.
(3)The duty imposed by subsection (2) above does not apply—
(a)if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources;
(b)if the preferred school is an aided or special agreement school and compliance with the preference would be incompatible with any arrangements between the governors and the local education authority [F1made under subsection (6) below]; or
(c)if the arrangement for admission to the preferred school are based wholly or partly on selection by reference to ability or aptitude and compliance with the preference would be incompatible with selection under the arrangements.
(4)Where the arrangements for the admission of pupils to a school maintained by a local education authority provide for applications for admission to be made to, or to a person acting on behalf of, the governors of the school, a parent who makes such an application shall be regarded for the purposes of subsection (2) above as having expressed a preference for that school in accordance with arrangements made under subsection (1) above.
(5)The duty imposed by subsection (2) above in relation to a preference expressed in accordance with arrangements made under subsection (1) above shall apply also in relation to—
(a)any application for the admission to a school maintained by a local education authority of a child who is not in the area of the authority; and
(b)any application made as mentioned in section 10(3) or 11(1) below;
and references in subsection (3) above to a preference and a preferred school shall be construed accordingly.
[F2(6) A local education authority shall, if so requested by the governors of an aided or special agreement school maintained by the authority, make arrangements with the governors in respect of the admission of pupils to the school for preserving the character of the school; and the terms of any such arrangements shall, in default of agreement between the authority and the governors, be determined by the Secretary of State.]
[F3(7)If one of the parties to arrangements under subsection (6) above proposes that the arrangements should be modified or replaced by substitute arrangements but the other party does not agree, the party making the proposal may refer the matter to the Secretary of State.
(8)On a reference under subsection (7) above, the Secretary of State may—
(a)direct that the arrangements shall remain as they are;
(b)direct that they shall be modified or replaced as proposed; or
(c)direct that they shall be modified in such other manner, or replaced by such other substitute arrangements, as may be specified in the direction.
(9)Where the Secretary of State directs as mentioned in subsection (8)(b) or (c) above, the modification or, as the case may be, the substitute arrangements shall have effect, from such date as may be specified in the direction, as if agreed between the parties.]
Textual Amendments
F1Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 30(2), 231(7), 235(6)
F3S. 6(7)-(9) inserted (1.10.1993) by 1993 c. 35, s.270; S.I. 1993/1975, art. 9 Sch.1
Modifications etc. (not altering text)
C1S. 6 modified by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 12(10), Sch. 2 para. 19(6)
C2S. 6 modified by S.I. 1989/1135 art. 3(1)(b), Sch. 2
C3S. 6 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), Sch. 3 Part III para. 13(2)(b)(iii), Sch. 14 para. 1(1); S.I. 1991/828 art. 3(2)
C4S. 6(2) excluded (1.10.1993) by 1993 c. 35, 260(2); S.I. 1993/1975, art. 9 Sch. 1
C5S. 6 (3)(a) amended (1.8.1992) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 26(9), with ss. 231(7), 235(6), (s. 26 is brought into force as follows; 1.9.1989 and 4.8.1990 for certain purposes by S.I. 1988/1459, art. 2,gb 1.9.1991 for certain purposes and 1.8.1992 for all remaining purposes by 1991/409 art. 2)
(1)Every local education authority shall make arrangements for enabling the parent of a child to appeal against—
(a)any decision made by or on behalf of the authority as to the school at which education is to be provided for the child in the exercise of the authority’s functions; and
(b)any decision made by or on behalf of the governors of a county or controlled school maintained by the authority refusing the child admission to such a school.
(2)The governors of every aided or special agreement school shall make arrangements for enabling the parent of a child to appeal against any decision made by or on behalf of the governors refusing the child admission to the school.
(3)Joint arrangements may be made under subsection (2) above by the governors of two or more aided or special agreement schools maintained by the same local education authority.
(4)Any appeal by virtue of this section shall be to an appeal committee constituted in accordance with Part I of Schedule 2 to this Act; and Part II of that Schedule shall have effect in relation to the procedure on any such appeal.
(5)The decision of an appeal committee on any such appeal shall be binding on the local education authority or governors by or on whose behalf the decision under appeal was made and, in the case of a decision made by or on behalf of a local education authority, on the governors of any county or controlled school at which the committee determines that a place should be offered to the child in question.
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In section 25 of the Local Government Act 1974 (authorities subject to investigation by Local Commissioner) after subsection (4) there shall be inserted—
“(5)Any reference to an authority to which this Part of this Act applies also includes a reference to any appeal commiittee constituted in accordance with paragraph I of Schedule 2 to the Education Act 1980.”
Textual Amendments
F4S. 7(6) repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I
Modifications etc. (not altering text)
C6S. 7 modified by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 12(10), Sch. 2 para. 19(6)
C7S. 7 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), Sch. 3 Part III para. 13(2)(b)(iii), Sch. 14 para. 1(1); S.I. 1991/828 art. 3(2)
C8The text of S. 7(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)Every local education authority shall, for each school year, publish particulars of—
(a)the arrangements for the admission of pupils to schools maintained by the authority, other than aided or special agreement schools;
(b)the authority’s arrangements for the provision of education at schools maintained by another local education authority or not maintained by a local education authority; and
(c)the arrangements made by the authority under sections 6(1) and 7(1) above.
(2)The governors of every aided or special agreement school shall, for each school year, publish particulars of—
(a)the arrangements for the admission of pupils to the school; and
(b)the arrangements made by them under section 7(2) above.
(3)The particulars to be published under subsections (1)(a) and (2)(a) above shall include particulars of—
[F5(a)in the case of each school to which the arrangements relate, the admission number applicable in each school year in relation to the age group in which pupils are normally admitted or, if there is more than one such group, the admission number so applicable in relation to each such group;]
(b)the respective admission functions of the local education authority and the governors;
(c)the policy followed in deciding admissions;
(d)the arrangements made in respect of pupils not belonging to the area of the local education authority.
[F6In paragraph (a) above, “admission number” means, in relation to any school year and age group, the standard number applying under section 27 of the Education Reform Act 1988 to the school in question in relation to that year and age group or the number fixed in accordance with section 26 of that Act as the number of pupils in that age group it is intended to admit to the school in that school year, whichever is the greater.]
(4)The particulars to be published under subsection (1)(b) above shall include particulars of—
(a)the criteria for offering places at schools not maintained by a local education authority;
(b)the names of, and number of places at, any such schools in respect of which the authority have standing arrangements.
[F7(5)The governors of each school maintained by a local education authority—
(a)shall publish such information as respects that school as may be required by regulations made by the Secretary of State; and
(b)may publish such other information with respect to the school as they think fit.
(5A)For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.
(5B)Every local education authority shall publish such information as may be required by regulations made by the Secretary of State with respect to their policy and arrangements in respect of any matter relating to primary or secondary education in their area.
(6)A local education authority may, with the agreement of the governors of any school maintained by the authority, publish on behalf of the governors the particulars or information relating to the school which are referred to in subsection (2) or (5) above.]
(7)References in this section to publication are references to publication at such time or times and in such manner as may be required by regulations made by the Secretary of State.
Subordinate Legislation Made
P1S. 8: for previous exercises of power, see Index to Government Orders
P2S.8(5)(7): s.8(5) (with s. 8(7)) power exercised by S.I. 1991/1265, S.I. 1991/1658 and S.I 1991/1813
Textual Amendments
F5S. 8(3)(a)substituted (1.9.1991) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(2)(a), 231(7), 235(6), (s. 31(2)(a) is commenced as follows; 1.9.1989 for certain purposes by S.I. 1988/1459 art. 5(2) and 1.9.1991 for certain further purposes by S.I. 1991/409 art. 6(2))
F6Words added (1.9.1991) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(2)(b), 231(7), 235(6), (s. 31(2)(b) is commenced as follows; 1.9.1989 for certain purposes by S.I. 1988/1459 art. 5(2) and 1.9.1991 for certain further purposes by S.I. 1991/409 art. 6(2))
F7S. 8(5)(5A)(5B)(6) substituted (1.5.1993) for s. 8(5)(6) by Education (Schools) Act 1992 (c. 38), s. 21(7), Sch. 4 para.4(1); S.I. 1993/1190, art.3
Modifications etc. (not altering text)
C9S. 8 modified by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 12(10), Sch. 2 para. 19(6)
C10S. 8(1)(3) modified by S.I. 1989/1135, art. 3(1)(b), Sch. 2
C11S. 8(4)(7) modified by S.I. 1989/1135, art. 3(1)(b), Sch. 2
(1)[F8subject to subsection (1A) below]None of the provisions of sections 6, 7 and 8 above have effect in relation to nursery schools or to children who will not have attained the age of five years at the time of their proposed admission F9. . .
[F10(1A)Where the arrangements for the admission of pupils to a school maintained by a local education authority provide for the admission to the school of children who will not have attained the age of five years at the time of their proposed admission—
(a)those sections shall have effect in relation to the admission of such pupils to the school otherwise than for nursery education; and
(b)the transfer to a reception class at the school of children previously admitted to the school for nursery education shall be treated for the purposes of those sections as the admission of pupils to the school.]
(2)None of the provisions of those sections other than subsections [F11(5) to (7)] of section 8 have effect in relation to special schools or children [F12in respect of whom statements are maintained under section 7 of the Education Act 1981 (special educational needs)].
Textual Amendments
F8Words inserted (1.8.1991) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(3)(a), 231(7), 235(6); S.I. 1991/409, art. 6(1)
F9Words in s. 9(1) omitted (1.8.1991) by virtue of 1988 c. 40, ss. 31(3)(a), 231(7), 235(6), (and expressed to be repealed (prosp.) by s. 237(2), Sch. 13 Pt. II of that act)
F10S. 9(1A) inserted (1.8.1991) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(3)(b), 231(7), 235(6); S.I. 1991/409, art. 6(1)
F11Words in s. 9(2) substituted (1.5.1993) by Education (Schools) Act 1992 (c. 38), s. 21(7), Sch. 4para. 4(2); S.I. 1993/1190, art.3
F12Words substituted by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 3 para. 14, S.I. 1983/7, Sch. para. 3(4)
Modifications etc. (not altering text)
C12S. 9(2) modified by S.I. 1983/7, Sch. para. 3(4)