Part 2 E+W Schools

School places and admissions E+W

Prospective

63 Power to direct admission: additional triggers E+W

(1) Section 96 of the School Standards and Framework Act 1998 (general power of local authority to direct admission of individual pupil) is amended as follows.

(2) After subsection (1) insert—

“(1A) The local authority may also give such a direction (in the case of any child in their area) in circumstances specified in the code for school admissions.

(1B) For that purpose the code may only specify circumstances in which—

(a) a relevant procedure has been invoked, or

(b) the child who is to be the subject of the direction is a previously-looked-after child.”

(3) In subsection (7), after “section” insert “—

• “previously-looked-after child” means—

  (a)

  a child who was looked after by a local authority in England or Wales but ceased to be so looked after as a result of—

  (i)

  a child arrangements order, within the meaning given by section 8(1) of the Children Act 1989, which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,

  (ii)

  a special guardianship order, within the meaning given by section 14A of the Children Act 1989, or

  (iii)

  an adoption order, within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or

  (b)

  a child who appears to the local authority—

  (i)

  to have been in state care in a place outside England and Wales because the child would not otherwise have been cared for adequately, and

  (ii)

  to have ceased to be in that state care as a result of being adopted;

• “relevant procedure” means a procedure established under the code for school admissions for the purpose of securing admission to school for children who have failed to secure, or are considered at particular risk of not securing, admission through ordinary procedures;”.

Commencement Information

I1 S. 63 not in force at Royal Assent, see s. 78(5)