The Education (Admission of Looked After Children) (England) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 21st February 2006, prescribe the actions to be taken and the circumstances in which an admission authority for a maintained school must give priority in their admission arrangements to a “relevant looked after child” (a child who is looked after by a local authority within the meaning of section 22 of the Children Act 1989 at the time of their application and who will still be so looked after at the time when he is admitted to school).

Regulation 3 requires admission authorities to give priority in their oversubscription criteria to relevant looked after children, subject to the exceptions below.

Regulation 4 specifies that only those grammar schools which select pupils who have reached a pre-set standard of the school need give priority in their oversubscription criteria to relevant looked after children. Grammar schools which select pupils on the basis of highest ranked results need not give priority to relevant looked after children.

Regulation 5 allows admission authorities for schools designated as having a religious character to give first priority in their oversubscription criteria to all relevant looked after children, regardless of their faith. The regulation requires them, in any event, to give higher priority to relevant looked after children of the faith of the school, over other children of that faith, and to give higher priority to relevant looked after children not of that faith than other children not of that faith.

Regulation 6 requires admission authorities for schools which have made provision in their admission arrangements for selection by ability or aptitude since the beginning of the 1997-1998 school year to give priority to relevant looked after children who have been selected by ability or aptitude over other children who have been selected by ability or aptitude. Relevant looked after children who have not been allocated a place on the basis of ability or aptitude must be given priority over other children who have not been allocated a place on that basis.

Regulation 7 requires admission authorities for schools which make provision for selection by banding to give priority to relevant looked after children within each band.

The Department considers that these Regulations will have no effect on the costs of businesses and accordingly a Regulatory Impact Assessment has not been prepared.