The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which only apply in England, make provision for co-ordinating the admission of pupils to primary schools in the academic year 2005-06 (“the initial year”) and any subsequent academic year.

Regulation 3 requires local education authorities to formulate a scheme (“a qualifying scheme”) relating to each primary school in their area. The requirements of a qualifying scheme are prescribed in paragraph 1 of the Schedule. However, the duty to formulate a scheme does not apply where either: (i) the authority and the admission authorities covered by a qualifying scheme decide to adopt an existing qualifying scheme for the following academic year; or (ii) a scheme has been imposed by the Secretary of State on the authority and their admission authorities in accordance with regulation 6 and has not since been varied or revoked.

Under regulation 4 local education authorities are required to formulate a qualifying scheme no later than the 1st January 2004 in relation to the initial year, and no later than the 1st January in the determination year relating to any subsequent academic year. They are to refer their proposed schemes to the Admission Forum established for their area and to have regard to the Forum’s advice or recommendations before consulting each governing body to whom a scheme is to apply. Authorities are also required to consult other local education authorities with a view to securing, so far as is reasonably practicable, that their respective proposed schemes are compatible with each other.

Regulation 5 requires a local education authority to notify the Secretary of State where they have been able to secure agreement by themselves and other admission authorities in their area to a qualifying scheme and to provide a copy of the scheme.

Regulation 6 enables the Secretary of State to impose a scheme on a local education authority and other admission authorities in their area. However, the Secretary of State may not do so if notification has been provided in accordance with regulation 5 no later than the 15th April 2004 in relation to the initial year, and no later than the 15th April in the determination year relating to any subsequent academic year. An imposed scheme may make provision corresponding to the requirements of a qualifying scheme.

Regulation 7 requires a local education authority (except where a scheme is imposed by the Secretary of State pursuant to regulation 6) to designate the single day in each year on which their determination as to the single offer of a primary school place which the parents of children in their area are to receive is to be communicated. If an authority’s scheme provides for more than one normal admission round for the admission of pupils to primary schools in the same academic year, they are to designate the single day for the communication of offers for each such additional admission round. An imposed scheme will stipulate the relevant offer date in relation to each normal admission round for which the scheme provides. Regulation 7 does not apply to the communication of decisions relating to applications made otherwise than in the course of a normal admission round.

Regulation 8 provides that the Secretary of State’s reserve powers under sections 496 and 497 of the Education Act 1996 shall apply to a local education authority or a governing body as if the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them by that Act.

Paragraph 1 of the Schedule sets out the requirements of a qualifying scheme, which may also be imposed by a scheme made by the Secretary of State in accordance with regulation 6.

Paragraph 2 of the Schedule places duties on the local education authority administering a scheme in relation to dealing with and determining parents' applications for schools, and paragraphs 3 and 4 place reciprocal duties on participating governing bodies. In particular, where it appears to the authority that a child in their area may be eligible under individual admission arrangements to be offered admission to more than one school, or is not eligible to be offered admission to any school, they are required to determine (by reference to the scheme’s criteria) what single offer the parent of that child should receive.