School Standards and Framework Act 1998

• (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.

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

87

• (1) The duties 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.

• (3A) 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.

• (4) ... A child who has been permanently excluded from a school in 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 local 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 Education 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

Admission authorities and admission arrangements.

88

• (1) In this Chapter “the admission authority”—

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

• (i) the local 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; ...

• (b) in relation to a foundation or voluntary aided school, means the governing body ; and

• (c) in relation to an Academy school, means the proprietor of the Academy school.

• (1A) Where the admission authority for a community or voluntary controlled school is the local 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 ... school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.

Admission arrangements: England

Prohibition on interviews

88A

• (1) No admission arrangements for a maintained school in 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 in 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).

Admission arrangements relating to children looked after by local authority

88B

• (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.

Procedure for determining admission arrangements

88C

• (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.

Determination of admission numbers

88D

• (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.

Variation of admission arrangements

88E

• (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

• (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.

• (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 local 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).

Sections 88C to 88E: supplementary

88F

• (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 local 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) ... and

• (g) such other persons as may be prescribed.

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

• (a) the area of the local 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 local authority) as may be determined by or in accordance with the regulations.

Power to restrict alteration of admission arrangements following establishment or expansion

88G

• (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—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;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.

Reference of objections to adjudicator

88H

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

• (1A) This section also applies where admission arrangements for an Academy school have been determined by the proprietor of an Academy school under Academy arrangements.

• (2) Where—

• (a) a 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 body or person may refer the objection to the adjudicator.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) On a reference under subsection (2) ... 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) ..., or

• (ii) the adjudicator is required to determine an objection referred to him under subsection (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) ... but has not yet been determined.

• (d) prohibiting or restricting the reference under subsection (2) ..., 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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other functions of adjudicator relating to admission arrangements

88I

• (1) This section applies where admission arrangements have been determined —

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

• (b) by an admission authority for an Academy 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), ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

Changes to admission arrangements

88J

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

Sections 88H and 88I: supplementary

88K

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

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

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any decision of the adjudicator to which this subsection applies is binding on—

• (a) the admission authority in question, and

• (b) any other person or body.

• (3) 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 or an Academy 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 , 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 section 88I and this section “the requirements relating to admission arrangements” means—

• (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 an Academy school, the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.

Restriction on alteration of admission arrangements following adjudicator's decision

88L

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

Co-ordination of admission arrangements

88M

• (1) Regulations may require a local 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 local 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 local 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 local 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 local 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 local 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.

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

88N

• (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) local authorities in England, and

• (b) the admission authorities for maintained schools in England.

• (2) Regulations may provide that where a local 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 local 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 local 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 local 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 local 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 local 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 local 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 local authority, the Secretary of State must consult—

• (a) the local 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.

Sharing of information by local authorities

88O

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

Reports by local authorities to adjudicator

88P

• (1) A local authority in England must make such reports to the adjudicator about such matters connected with relevant school admissions as may be required by the code for school admissions.

• (2) In subsection (1) “relevant school admissions”, in relation to a local 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 Academy school,

• (c) a city technology college, or

• (d) a city college for the technology of the arts.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports under section 88P: provision of information

88Q

• (1) A relevant person must, on request, provide a local 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 local authority, means—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any member of an appeal panel constituted under section 94 by—

• (i) the local authority, or

• (ii) the governing body of a foundation or voluntary aided school in the area of the local authority;

• (d) the proprietor of—

• (i) an Academy school,

• (ii) a city technology college, or

• (iii) a city college for the technology of the arts,

in the area of the local authority;

• (e) any other local authority in England;

• (f) such other person as may be prescribed.

Admission arrangements: Wales

Prohibition on interviews

88R

• (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).

Procedure for determining admission arrangements.

89

• (1) The admission authority for a maintained school in 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.

• (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) 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 local 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)), ...

• (d) the admission authorities for maintained schools of any prescribed description; and

• (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.

• (2A) 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.

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

• (a) the area of the local authority; or

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

• (4) 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 appropriate bodies of those admission arrangements.

• (5) 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 the Welsh Ministers, and shall (in every case) notify the appropriate bodies of the proposed variations.

• (6) The Welsh Ministers shall consider whether the arrangements should have effect with those variations until the end of that year; and if they determine that the arrangements should so have effect or that they should so have effect subject to such modification of those variations as they may determine—

• (a) the arrangements shall have effect accordingly as from the date of their determination; and

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) 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);

• (fa) 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 the Welsh Ministers consider appropriate.

• (8A) 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.

• (9) Where the local 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).

• (10) 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, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of admission numbers

89A

• (1) A determination under section 89 by the admission authority for a maintained school in 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 in 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.

Co-ordination of admission arrangements

89B

• (1) Regulations may require a local authority in 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), the Welsh Ministers may make, in relation to the area of a local authority in 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 local 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 local 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 Welsh Ministers with a copy of the scheme and inform them that the scheme has been so adopted.

• (4) The Welsh Ministers may by regulations require local authorities in Wales to provide other local authorities with such information as may be required by such other authorities in connection with the exercise of any of their functions under this Chapter.

• (5) Regulations may provide—

• (a) that each local authority in 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 local 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 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.

• (7) 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.

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

89C

• (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) local authorities in Wales, and

• (b) the admission authorities for maintained schools in Wales.

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

• (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 in Wales falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of section 89B so provides, be made by the local authority regardless of whether they are the admission authority for the school.

• (3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales is (by virtue of regulations under subsection (3)) made by the local 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 local 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 local 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 local authority, the Welsh Ministers shall consult—

• (a) the local 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 the Welsh Ministers.

Power to restrict alteration of admission arrangements following establishment or expansion

89D

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

Reference of objections to Welsh Ministers.

90

• (1) Where—

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

• (b) 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 the 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 the Welsh Ministers.

• (2A) Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) Where the Welsh Ministers are required by virtue of (2A) to decide whether to uphold an objection to admission arrangements, they may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not they would be required to do so for the purpose of determining the objection.

• (5B) In the case of any objection referred to them under this section, the Welsh Ministers must publish a report containing the following—

• (a) their decision on the objection,

• (b) any decision they have made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of their decision on the objection or otherwise,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) their reasons for the decisions mentioned in paragraphs (a) and (b).

• (5C) Where the Welsh Ministers decide that it would be appropriate for changes to be made to the admission arrangements, their decision may specify the modifications that are to be made to the arrangements.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The decisions of the 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 the Welsh Ministershave 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 the Welsh Ministers under subsection (1) or (2), or

• (ii) the Welsh Ministersare required to determine an objection referred to them under subsection (2);

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

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) as to the manner in which a 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 the 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 the Welsh Ministers relating to the admission arrangements for another school, and the procedure to be followed in such a case.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) 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, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations by Welsh Ministers under sections 89 to 90

90ZA

In sections 89 to 90—

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

• “regulations” means regulations made by the Welsh Ministers.

Restriction on alteration of admission arrangements following adjudicator's decision

90A

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

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

91

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

Publication of information about admissions: England and Wales

Publication of information about admissions.

92

Regulations may—

• (a) require the publication by a local 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 local authority, or by the local 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

Fixing admission numbers.

93

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

Admission appeals

Appeal arrangements: general.

94

• (1) A local authority shall make arrangements for enabling the appropriate person to appeal against—

• (za) in a case where the local authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school,

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

• (b) in 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 a child admission to the school.

• (1A) A local authority shall make arrangements for enabling the 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 the appropriate person to appeal against any decision made by or on behalf of the governing body refusing a child admission to the school.

• (2A) The governing body of a foundation or voluntary aided school shall make arrangements for enabling the 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.

• (2B) 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) or (2A) by the governing bodies of two or more foundation or voluntary aided schools maintained by the same local authority.

• (4) A local 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) or (1A) as the authority may determine; and

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

• (5) 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,

• (aa) 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 local 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) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 to apply with prescribed modifications in relation to members of an appeal panel.

• (6) The decision of an appeal panel on an appeal pursuant to arrangements under this section shall be binding on—

• (a) the local 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 local 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.

• (6A) 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.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals relating to children to whom section 87 applies.

95

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

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

• (b) refusing a child admission to the school,

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

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

• (2) Where a local 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.

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

• (3) 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 local 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) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 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 local authority and the governing body.

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

95A

• (1) This section applies where—

• (a) 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 admission 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

Direction to admit child to specified school.

96

• (1) The local authority may give a direction under this section to 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 the appropriate authority (within the meaning of section 97) under section 97(4), specify a school in the area referred to in subsection (1).

• (3A) 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 (in the case of a local authority in England) to any special educational needs or (in the case of a local authority in Wales) to any additional learning needs he may have.

• (8) In this section and sections 97 to 97C “school” means a maintained school.

Procedure for giving direction under section 96.

97

• (1) Before deciding to give a direction under section 96, the local authority shall consult—

• (za) 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.

• (1A) 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 local 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 the appropriate authority under subsection (3) has expired and, if it is so referred, the appropriate authority has made its 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 the appropriate authority and, if they do so, shall inform the local authority.

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

• (a) where 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 appropriate authority's determination, and

• (b) in any other case, that school shall be specified in the direction.

• (5) The 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.

• (6) A direction under section 96 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 theschool.

• (6A) In this section, “the appropriate authority” means—

• (a) in relation to a local authority in England, the adjudicator, and

• (b) in relation to a local authority in Wales, the Assembly.

Direction to admit looked after child to specified school

97A

• (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.

Procedure for giving direction under section 97A

97B

• (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 local authority who are not the authority proposing to give the direction and are not the admission authority, the local 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.