The New School Admissions Code – 2007
What is the Admissions Code and where do you find it?
The 2007 Admissions Code sets out the way in which schools are allowed to allocate places for children. The system is overseen by the Secretary of State for the Department of Education and Skills (DfES), Mr Alan Johnson.
It will apply to school admissions from September 2008.
The government has a strategy for children, which is called "Every Child Matters". Education is right at the heart of that strategy and the Code says that educational achievement is critical to the life chances of all our children. (See the government website www.everychildmatters.gov.uk)
According to the DfES, the idea behind the Code is to create a system whereby all parents feel that they have the same opportunities to apply for the schools that they want for their children. At the same time, the Code aims to put an end to covert selection in schools by outlawing a range of unfair admission practices in maintained schools, and ensuring that certain children (such as children with disabilities) are not disadvantaged.
Where a school is oversubscribed, schools are forbidden from using certain oversubscription criteria, for instance the "first preference first" criteria. However the Code does encourage the use of "sibling" criteria, i.e. whether a brother or sister already attends the school.
At the same time local education authorities are under a statutory duty to ensure fair access to educational opportunity. This goes as far as ensuring that their transport policy is in line with that principle.
The Code is made under section 84 of the School Standards and Framework Act 1998 as amended by section 40 of the Education and Inspections Act 2006.
The Code is 132 pages long and it can be found on the DfES website at:-
www.dfes.gov.uk/sacode/docs/DfES%20schools%20text%20final.pdf
This note is intended to be a summary of the 2007 Code, but it cannot replace a reading of the actual Code itself together with the statutes and statutory instruments that lie behind it.
When does the new School Admissions Code come into force and what are the important changes?
The Code came into force on the 28th February 2007 and it replaces the 2003 School Admissions Code of Practice, which in turn replaced the 1999 Code of Practice.
All admission authorities are required to act in accordance with the mandatory provisions of 2007 Code, whereas before they only had to have regard for the 2003 Code. This means that there is less room for them to try and get round the Code.
Admission authorities must ensure that their arrangements for admissions comply with the terms of the Code from September 2008.
The "one offer" system
The 2007 Code introduces a "one offer" system. The local authority can only make one offer of a school place and the co-ordination scheme for school admissions in a local authority’s area ensures, so far as is practicable that every child who applies for a school place will be offered one and only one offer of a school place on the same day.
Prohibitions on schools selecting children for admission
The Education and Inspections Act 2006 stops schools interviewing children and their families for admission purposes. The Code also forbids admission authorities from applying certain criteria when they are oversubscribed, i.e. parents’ occupation, finances or marital status.
Admission Forums
Admission Forums were introduced by the Education Act 2002. All local authorities have to establish an Admission Forum, which monitors the way in which the local authority is exercising its admission arrangements. The Admission Forum is a vehicle for local authorities and other interested parties to discuss the effectiveness of local admission arrangements. Admission authorities have to have regard for the advice of an Admission Forum. If an objection is made (for instance by a parent) to a local authority’s admission arrangements, the Admissions Forum should refer an objection to the Schools Adjudicator. They also have to publish an annual report.
Surrey County Council set up their Admission Forum in March 2003. Log into their website at www.surreycc.gov.uk under "Learning".
The Schools Adjudicator
The job of the Schools Adjudicator is to enforce the terms of the Code. The Adjudicator can hear objections from a number of different people, including parents, governing bodies, admission authorities and admission forums. He can also direct a change in an admission policy.
What kind of schools have to apply the Code?
Different schools are subject to different criteria under the Code, but all of them are required to publish their admissions policy. Examples are:-
What are Admission Authorities?
Admission authorities are responsible for setting the procedure whereby children are admitted to the school.
Local authorities are the admission authorities for community and voluntary controlled schools, unless the function is delegated to the governing body. For foundation schools, (including trust schools), voluntary aided schools and
Academies, the governing bodies are the admission authorities.
The Code says that admission authorities have to co-ordinate their efforts, so that children excluded from other schools or arriving in the area after the normal admissions round are integrated into the school system as soon as possible.
Admission authorities are also forbidden from discriminating against any child from a particular social or racial background, or against a child with a disability or special educational needs. They also have to guard against "conflicts of interest" for example if an individual on the admission authority is connected with a child about to be admitted.
Admission authorities have to collect information about their intakes, and consider whether they are attracting a wide range of children from the community.
The Code makes use of the words "should" and "must." What does this mean?
The Code makes a distinction between the words "must" and "should". The word "must" means that local authorities have to comply with a particular provision of the code. The word "should" means that they have to comply unless they can demonstrate that they are justified in not complying.
How do you get hold of information and advice about admissions?
Local authorities should establish a "Choice Advice" service. This is an independent service that advises the parents of children, who are making the transition from primary to secondary schools.
If the local authority does not establish a "Choice Advice" service, it must in any event provide an independent service that deals with children going from primary to secondary school.
Surrey County Council publishes information about its present arrangements for school admissions on the "Learning" section of its website at:-www.surreycc.gov.uk although the policy set out is for 2007 admissions.
So what does the new Code say about admissions?
All local authorities have to formulate and consult on a scheme for each academic year for co-coordinating admission arrangements in all maintained schools in their area. The idea behind an admission scheme is to simplify the process for parents.
The admission arrangements also have to take account of children starting later in the school year or their parents applying late. There are separate guidelines set for children arriving late in the year in Chapter 3 of the Code
A school must have an admission number for each "relevant age group." So a school with a sixth form might have an admission number of 150 for its sixth form (Year 12 upwards) and an admission number of 600 for Years 8 to 11.
The admission number only includes children joining the school for the first time. The school must not include within its admission number, children transferring from earlier age groups, i.e. children coming up through the years. There are exceptions for primary schools with nursery provision.
Admission authorities have to set their admission number with regard to the capacity assessment for the school (it can be higher or lower than the capacity). They have to publish this information and consult with various bodies. All admission authorities are required to complete their consultation by the 1st March and determine their arrangements by the 15th April.
Local authorities also have to publish the admission arrangements for all their maintained schools and make this information available to parents. Governing bodies of community or voluntary controlled schools are also under a duty to implement the admission policy set by the local authority. Similarly governing bodies of voluntary aided or foundation schools must implement the admission policy of the local authority.
If they refuse, the Secretary of State can use his statutory powers to enforce the policy.
Once the admission number is set, children should not be admitted above that number unless exceptional circumstances apply.
How do parents choose a school for their child and how do admission authorities allocate the places?
The 2007 Code introduces a "one offer" system. It says that parents have a right to express a preference for a place at any maintained school, City Technology College or Academy and the common application form will have at least three preferences.
However the local authority can only make one offer of a school place. The co-ordination scheme for school admissions in a local authority’s area ensures, so far as is practicable that every child who applies for a school place will be offered one and only one offer of a school place on the same day.
Schools are not allowed to make parents aware of any possible offers – only the local authority can convey the single offer.
The local authority’s co-ordination scheme must state the mechanism to be used to decide which place will be offered in the event that offers could be made at two or more schools. Local authorities have to ensure that parents obtain their highest possible preference.
If none of the parents’ preferences are available, the scheme has to say how a place at another school will be allocated.
Once parents have stated their preference, they cannot change unless there is a good reason such as a change of address.
Where parents are unsuccessful in getting their child into a school, they must be given reasons and informed in writing of their right to an independent appeal.
In 2005 there were some 83,000 appeals against refusal of school places, a third of which were successful.
The offer must be made by one individual in a school. Where the school is its own admission authority, the governing body has to take the decision. There is case law that says that if an officer of the school suggests to a parent that their child will be offered a place at the school, then that offer has to be honoured even though it is against the admissions policy.
Once an offer has been made of a school place, it can only be withdrawn if the parent does not respond within a limited period of time (which should set out in the offer) or the place was obtained by fraud, i.e. the child is resident elsewhere.
Can schools set their own criteria for considering applications for school places?
Much depends on whether the school is undersubscribed i.e. it still has spare places, or oversubscribed i.e. it has no spare capacity.
Undersubscription criteria
All maintained schools including faith schools that have enough places available must offer every child who applies a place, without condition or the use of any criteria.
Oversubscription criteria
If the school is oversubscribed, then all applications must be considered in line with the school’s oversubscription criteria. This has to be clear, so that parents can understand it.
Preferential categories
Certain categories of children get preferential treatment. Children with a statement of special educational needs must be admitted to the school whether the school has a place or not. Schools also have to give highest priority to "looked after children" i.e. children in care.
The following is a list of what a school must not do when setting oversubscription criteria:-
Priority for Siblings
The Code encourages primary schools to give priority to siblings. With regards, secondary schools the Code distinguishes between schools who select 10% of less of their children and schools who selection more than 10%. In the less selective schools, the Code says that giving siblings priority is still acceptable and can be good practice. In more selective schools, the Code says that giving siblings priority may be unfair and such schools need to ensure that they are not excluding children living near to the schools.
Random allocation (lottery)
The Code says that allocating places by lottery can be good practice in urban areas and in secondary schools. Random access widens access to those who cannot afford to live near the school.
Distance between home and school and ease of access by public transport
Admission authorities should take account of the time it will take to travel to the school and the availability of public transport. Distance is often used as a tie breaker in oversubscription criteria, and the Code approves of that practice. However admission authorities have to set out clearly how distances are measured, i.e. distance from the main school gate to the front door of the child’s house or flat.
The Code also encourages preference for children who would otherwise have a disproportionately long journey to a school.
Furthermore admission authorities should ensure that families who cannot afford properties near to the school are not excluded.
Catchment Areas
The Code says that there is nothing wrong with a school using catchment areas as part of their oversubscription criteria. However what schools cannot do is guarantee places to children within the catchment area. They also are forbidden from excluding certain housing estates or addresses in a way that might disadvantage certain social groups.
Faith Schools
Faith schools adhere to a particular religious denomination, such as the Catholic Church. Section 49 of the Equality Act 2006 says that it is illegal for a school to discriminate against a child on the ground of religious belief, but faith schools are exempt and can use religious belief in their oversubscription criteria. They also have to make it clear how they exercise those criteria.
Banding
Schools are allowed to admit some of their pupils on the basis on aptitude. It can be used as part of a school’s oversubscription criteria but its use is very restricted.
Can schools use interviews or tests to select a child for admission?
In most cases, no. Schools are supposed to use open days, events and meetings for prospective parents and they cannot make attendance at an open day a pre-condition for admission.
Boarding schools can interview to judge a child’s suitability for a place and grammar schools and partially selective schools are allowed to select children by aptitude.
Schools are not allowed to use forms that ask particular details about a child’s background, for instance the parents’ criminal record, marital, financial or occupational status. The exception to this can be found in boarding schools, who are allowed to ask certain questions to establish the child’s suitability for the school and faith schools who are allowed to ask questions about the child’s parents’ membership of a particular religious denomination.
What other restrictions are there on the way in which schools admit pupils?
Do local authorities have to help with transport costs?
Local authorities have to make information about school travel and transport available to parents before their children attend the school. In certain circumstances, low income families will get free transport for their children in primary and secondary schools.
Can schools refuse to admit a child?
Only in very limited circumstances. Section 86(5) of the School Standards and Framework Act 1998 says that a child must not be refused admission on the grounds of prejudice to efficient education or the efficient use of resources except where the number of applications exceeds the admission number.
Where a child has been permanently excluded twice, his/her parents can express a preference but the requirement to comply with that preference is removed for a period of two years from the last exclusion. However that does not apply to certain children, including children with special educational needs.
Admission authorities cannot refuse to admit a child with challenging behaviour in or outside the normal admissions round unless they have been permanently excluded twice.
Some undersubscribed schools have found that they may have to admit more than their fair share of children with challenging behaviour. The "In Year Fair Access Protocol" is designed to make schools admit a more even share of such children.
So what is the In-Year Fair Access Protocol?
All admission authorities and Admission Forums must have a Fair Access Protocol in place by September 2007. The idea is that these authorities should ensure that no school, including those with available places is asked to take an excessive or unreasonable number of children who have been excluded from other schools. Admission authorities have to monitor the way in which these protocols are working.
What is "The Greenwich Judgment"?
This was a case in 1989. Its full citation (i.e. the legal way of saying where it can be found) is R versus Greenwich Borough London Council, ex parte John Ball Primary School [1990] Fam Law 469.
In the Greenwich case, the court said that a local education authority could not give priority to children simply because they lived in the area of the local authority. This is a sensible decision insofar as a child might live next door to a school, but be within the area of another authority. However it also means that schools that are perceived to be good for children become heavily oversubscribed because they receive far more applications from further afield.
The 2007 Code specifically says that local education authorities can’t disadvantage children outside their area so the Greenwich judgment still holds good.
What do you need to know before you apply for a place at a school?
Before you apply for a place at a school, it is always a good idea to:-
Where can I found out more about Schools Admissions?
The Department for Education and Skills’ website has a copy of the Code to download:-
There is also a very helpful booklet published on their website – "Choosing a secondary school."
Surrey County Council publishes its present admission arrangements and details of its schools on its website under "Learning" at:-
There is also another website sponsored by the government, "Parentscentre" where parents can exchange views on admissions policies in schools:-
"Direct Gov" hosts a government sponsored website that helps you to find a school:-
www.direct.gov.uk/en/EducationAndLearning/Schools/ChoosingASchool/index.htm
There is the Advisory Centre for Education, an independent registered charity, which offers advice about state education to parents in England and Wales. They have free help lines.
Finally the Office for Standards in Education (OFSTED) has a website that publishes reports on schools around the country:-
Councillor Malcolm Johnson June 2007 return to home page