School Standards and Framework Act 1998

[F1 95A References relating to looked after children to whom section 87(2) applies E+W

(1) This section applies where—

[F2 (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 [F3 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.]

Textual Amendments

F1 S. 95A inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 48(2), 188(3); S.I. 2006/3400, art. 3(a)

F2 S. 95A(1)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(12)(a)

F3 Words in s. 95A(2) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(12)(b)