The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008

Regulation 4(2)

SCHEDULE 1 Requirements of a qualifying scheme

General

1.  A qualifying scheme must—

(a) ensure, so far as is reasonably practicable, that each parent in the area of an authority who has made an application on the common application form in respect of the admission of a child to a school receives a single offer of a school place under the scheme;

(b) ensure, so far as is reasonably practicable, in any case where a child is eligible to be granted admission to more than one school, that the child is granted admission to whichever of those schools is ranked highest on the common application form;

(c) require a common application form to be completed, enabling a parent in an authority’s area—

(i) to provide their name and address, and the name, address and date of birth of the child,

(ii) to apply for not less than three schools, whether or not any school for which such application is made is within the authority’s area,

(iii) to give reasons for their application, and

(iv) to rank each application in relation to any other application;

(d) identify for each school to which the scheme applies whether it is the authority or the governing body who are the admission authority;

(e) where the governing body who are the admission authority for such a school have made arrangements for another body to determine the order of priority under paragraph 5(b), identify that body; and

(f) specify that any notification of acceptance of a school place must be received by the authority within two weeks after the date of the offer.

Requirements of a qualifying scheme relating to applications made in the course of a normal admission round

2.—(1) This paragraph specifies provisions to be made in a qualifying scheme about applications made in the course of a normal admission round.

(2) A qualifying scheme must—

(a) require the common application form to be submitted to the authority by 31^st October in the offer year, in relation to applications for secondary schools, and 15^th January in the offer year, in relation to applications for primary schools,

(b) specify how applications submitted after the dates mentioned in sub-paragraph (2)(a) will be processed;

(c) in the case of applications for primary school places, require the actions required by paragraphs 3(2)(f) and 4(2) to be completed by the last working day in March in the offer year;

(d) require an authority to send any determination granting or refusing admission to a school to a parent on the offer date (such determination being sent on behalf of the school’s governing body in any case where the authority are not the admission authority for the school); and

(e) specify the dates by which each of the steps required to be taken in accordance with this Schedule is to be performed, including where the date is specified in this Schedule.

Requirements of a qualifying scheme relating to applications for in-area schools

3.—(1) This paragraph specifies provisions to be made in a qualifying scheme about applications made for a school in the area of the authority.

(2) The scheme must require the authority—

(a) where the application is for a school for which the governing body are the admission authority, to forward details of the application, together with any supporting information provided by the parent, to the governing body or the body with whom the governing body has made arrangements under paragraph 5(b) (except where that body is the authority);

(b) where the application is for a school for which the authority are the admission authority, to determine by reference to the school’s admissions criteria the order of priority in which the application for the school is ranked;

(c) in any case where it appears to the authority, having regard to—

(i) any determination made in accordance with paragraph (b),

(ii) any information sent to them in accordance with paragraph 5(c),

that a child in their area is eligible to be granted admission to more than one school, or is not eligible to be offered admission to any school, to determine in accordance with the provisions of the scheme whether the child is to be granted or refused admission to a school in their area;

(d) in any case where the authority determine in accordance with paragraph (c) that a child is to be granted or refused admission to a school in their area for which they are not the admission authority, to notify the school’s governing body of their determination;

(e) except where paragraph (f) applies, to send any determination granting or refusing admission to a school to the parent (such determination being sent on behalf of a school’s governing body in any case where the authority are not the admission authority for the school); and

(f) with regard to any application relating to a child living in a different local education authority’s area, to notify that authority of their determination.

Additional duties on an authority relating to applications for out-of area schools

4.—(1) This paragraph applies where a parent in the area of the authority (“the home authority”) applies under the common application form for a school in the area of a different local education authority (“the maintaining authority”).

(2) The home authority must notify the maintaining authority of the application and forward to them details of it, together with any supporting information provided by the parent.

(3) A qualifying scheme must—

(a) specify that, in determining in accordance with paragraph 3(2)(c) whether the child is to be granted or refused admission to any school in the home authority’s area for which an application has also been made, that authority will have regard to any information provided by the maintaining authority as to whether the child is to be granted admission to a school within that authority’s area; and

(b) require the home authority to send any determination granting or refusing admission to the school in the maintaining authority’s area to the parent (such determination being sent on behalf of the school’s governing body in any case where they are the admission authority for the school).

Duties of governing body under a qualifying scheme

5.  A qualifying scheme must require a governing body who are the admission authority for a school—

(a) to forward to their maintaining authority details of any application made to the school direct, together with any supporting information provided by the parent (regardless of whether the parent making the application resides in that authority’s area);

(b) to determine or make arrangements for another body (including their maintaining authority) to determine by reference to the school’s admissions criteria the order of priority in which each application for the school is ranked; and

(c) to notify or, where arrangements have been made under sub-paragraph (b) for another body (not being their maintaining authority) to make a determination, to arrange for that body to notify their maintaining authority of their determination under sub-paragraph (b).

SCHEDULE 2 Amendments to the 2007 Regulations

1.  In regulation 1—

(a) in paragraph (2), substitute “paragraphs (3) and (4),” for “paragraph (3)”; and

(b) after paragraph (3) insert the following—

“(4) Regulation 11 applies in relation to the arrangements under which pupils are to be admitted to schools in England in the academic year 2010-2011.”.

2.  In regulation 3—

(a) in paragraph (1) insert the following definition after the definition of “the 1998 Act”—

““academic year” means a period commencing with 1^st August and ending with the next 31^st July;” and

(b) after paragraph (3) insert the following—

“(4) For the purposes of these Regulations, an application is an in-year application if—

(a) it is for the admission of a child to a relevant age group and it is submitted on or after the first day of the school year of admission; or

(b) it is for the admission of a child to an age group other than a relevant age group.”

3.  In regulation 10, insert “, an in-year scheme, an imposed in-year scheme” after “qualifying scheme”.

4.  After regulation 10 insert the following—

“In-year schemes

11.— (1) An authority must formulate a scheme (an “in-year scheme”), in relation to each school in their area, which complies with the requirements of Schedule 4.

(2) An authority must formulate an in-year scheme no later than 1^st January 2010.

(3) An authority must refer an in-year scheme which they propose should be adopted in their area to any Admission Forum established for that area under section 85A of the 1998 Act, and must have regard to any advice or recommendations of the Forum.

(4) After taking the action required by paragraph (3), the authority must consult the following about any proposed in-year scheme, namely—

(a) each governing body who are the admission authority for a school in their area; and

(b) any other local education authority as the authority may determine.

(5) The consultation pursuant to paragraph (4)(b) must be undertaken with a view in particular to securing that the arrangements for the admission of pupils to schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.

(6) Once the authority have carried out the consultation required by paragraph (4) they must determine the in-year scheme (either in its original form or with such modification as the authority think fit) which they propose should apply for the academic year and must take all reasonable steps to secure its adoption by themselves and each governing body they consulted in relation to it.

(7) Following the action required to be taken by paragraphs (1) to (6), an authority must inform the Secretary of State whether they have secured agreement to the adoption of an in-year scheme or not, and provide him with a copy of an adopted scheme.

(8) In any case where by 15^th April 2010 an authority have not informed the Secretary of State in accordance with paragraph (7) that an in-year scheme has been adopted in relation to each school in their area, an imposed in-year scheme may be made.

(9) An imposed in-year scheme may make provision corresponding to the requirements of an in-year scheme.”

5.  After Schedule 3 insert the following—

“SCHEDULE 4 Requirements of an in-year scheme

General

1.   An in-year scheme must—

(a) ensure, so far as is reasonably practicable that each parent in the area of an authority who has made an application on the common application form in respect of admission of a child to a school receives a single offer of a school place under the scheme;

(b) ensure, so far as is reasonably practicable, in any case where a child is eligible to be granted admission to more than one school, that the child is granted admission to whichever of those schools is ranked highest on the common application form;

(c) require a common application form to be completed, enabling a parent in an authority’s area—

(i) to provide his name and address, and the name, address and date of birth of the child,

(ii) to apply for not less than three schools, whether or not any school for which such application is made is within the authority’s area,

(iii) to give reasons for his application, and

(iv) to rank each application in relation to any other application;

(d) identify for each school to which the in-year scheme applies whether it is the authority or the each governing body who are the admission authority;

(e) specify the criteria by which the authority must determine whether a child is to be granted or refused admission to a school in the authority’s area in any case where it appears to the authority that the child—

(i) is eligible to be granted admission to more than one school for which application has been made, or

(ii) is not eligible to be granted admission to any school for which such application has been made;

(f) where the governing body who are the admission authority for such a school have made arrangements for another body to determine the order of priority under paragraph 4(b), identify that body;

(g) specify that any notice of acceptance of a school place must be received by the authority within two weeks after the date of the offer.

Requirements of an in-year scheme relating to applications for in-area schools

2.— (1) This paragraph specifies provisions to be made in an in-year scheme about applications made for a school in the area of the authority.

(2) The scheme must require the authority—

(a) where the application is for a school for which the governing body are the admission authority, to forward details of the application, together with any supporting information provided by the parent, to the governing body or the body with whom the governing body has made arrangements under paragraph 4(b) (except where that body is the authority);

(b) where the application is for a school for which the authority are the admission authority, to determine by reference to the school’s admissions criteria the order of priority in which the application for the school is ranked;

(c) in any case where it appears to the authority, having regard to—

(i) any determination made in accordance with sub-paragraph (b), and

(ii) any information sent to them in accordance with paragraph 4(c),

that a child in their area is eligible to be granted admission to more than one school, or is not eligible to be offered admission to any school, to determine in accordance with the provisions of the scheme whether the child is to be granted or refused admission to a school in their area;

(d) in any case where the authority determine in accordance with sub-paragraph (c) that a child is to be granted or refused admission to a school in their area for which they are not the admission authority, to notify the school’s governing body of their determination;

(e) except where sub-paragraph (f) applies, to send any determination granting or refusing admission to a school to the parent (such determination being sent on behalf of a school’s governing body in any case where the authority are not the admission authority for the school); and

(f) with regard to any application relating to a child living in a different local education authority’s area, to notify that authority of their determination.

Additional duties on an authority relating to applications for out-of area schools

3.— (1) This paragraph applies where a parent in the area of the authority (“the home authority”) applies under the common application form for a school in the area of a different local education authority (“the maintaining authority”).

(2) The home authority must notify the maintaining authority of the application and forward to them details of it, together with any supporting information provided by the parent.

(3) The in-year scheme must—

(a) specify that, in determining in accordance with paragraph 2(2)(c) whether the child is to be granted or refused admission to any school in the home authority’s area for which an application has also been made, that authority will have regard to any information provided by the maintaining authority as to whether the child is to be granted admission to a school within that authority’s area; and

(b) require the home authority to send any determination granting or refusing admission to the school in the maintaining authority’s area to the parent (such determination being sent on behalf of the school’s governing body in any case where they are the admission authority for the school).

Duties of governing body under an in-year scheme

4.   An in-year scheme must require a governing body who are the admission authority for a school—

(a) to forward to their maintaining authority details of any application made to the school direct, together with any supporting information provided by the parent (regardless off whether the parent who made the application resides in that authority’s area);

(b) to determine or make arrangements for another body (including the maintaining authority) to determine by reference to the school’s admissions criteria the order of priority in which each application for the school is ranked; and

(c) to notify or, where arrangements have been made under sub-paragraph (b) for another body (not being their maintaining authority) to make a determination, to arrange for that body to notify the authority of their determination under sub-paragraph (b).”